Mickey may have more to worry about than just keeping Minnie happy. Over the last month there have been two separate incidents on Disney’s Castaway Cay, a private island owned by Disney Cruise Lines where the vessels typically stop so its passengers can participate in various aquatic activities. 
In late February 2015, a passenger of Disney’s Wonder Cruise Ship died after an alleged drowning. The island, located in the Bahamas, has suffered from claims, stating that there were no lifeguards on the beach where the accident occurred. Disney does indeed have lifeguards on the island, but the drowning seemingly occurred in the adult only Serenity Bay, which has no guards, although there are signs cautioning visitors to swim at their own risk. But the incidents didn’t stop there.
Only a day later another incident involving a passenger from a different Disney vessel, the Fantasy, resulted in a near drowning when an adult passenger was snorkeling. The man, who was found unconscious in the water, was reportedly evacuated to Miami for medical care, and his current condition is unknown. These occurrences, while not on the vessels themselves, are covered under maritime law.
Even though the incidents took place on the island and not the ship itself, maritime law is still the governing body of law in these instances. Any body of water should be monitored by guards, and an open body of water-particularly one like the beach on Castaway Cay, which have to contend with rip tides, etc.-should be of the highest concern for cruises with private islands. The law requires Disney, or any other cruise line similarly situated, to exercise reasonable care for their passenger’s wellbeing and overall safety. What does that mean? Well, it means that passengers should be warned of any known dangers that they may come across, whether on the ship or on the island. This also encompasses the employment of reasonable safety precautions. And there is that word again…reasonable. What constitutes reasonable? Be sure to contact the maritime lawyers and cruise ship lawyers at O’Bryan Baun Karamanian and let one of our attorneys walk you through what a reasonable expectation covers and does not, and see if we can get justice for you.
