Royal Caribbean Sued After Passenger Served 33 Drinks Dies—Death Ruled Homicide by Medical Examiner
Royal Caribbean faces multiple wrongful death lawsuits after a 35-year-old California man died aboard the Navigator of the Seas following alleged overservice of 33 alcoholic drinks and subsequent restraint by security personnel. The Los Angeles County Medical Examiner ruled Michael Virgil’s death a homicide, listing the cause as combined effects of mechanical asphyxia, obesity, cardiomegaly and ethanol intoxication. The FBI has opened an investigation into the circumstances of Virgil’s death.
This marks the second alcohol-related death lawsuit against Royal Caribbean in recent months, following a separate case involving a woman who went overboard during a Taylor Swift-themed cruise.
What Happened to Michael Virgil?
Michael Virgil of Moreno Valley, California, boarded the Navigator of the Seas on December 13, 2024, in Los Angeles with his fiancée Connie Aguilar and their 7-year-old autistic son for a four-day cruise to Ensenada, Mexico.
The Timeline of Events:
Aguilar claims they were directed to wait at one of the ship’s bars since their stateroom wasn’t ready. When their son grew impatient, Aguilar left to take him on a walk and check on their stateroom, leaving Virgil alone at the bar.
The lawsuit alleges Royal Caribbean crew members served Virgil at least 33 alcoholic beverages “in a matter of hours” while he participated in the ship’s all-inclusive “Deluxe Beverage Package”.
While intoxicated, Virgil attempted to find his cabin room, got lost and became agitated. The lawsuit states Royal Caribbean security personnel then tackled him to the ground, stood on his body with their full weight, and compressed his body.
According to the complaint, crew members subjected Virgil to “prolonged prone restraint with multiple Royal Caribbean crewmembers applying compressive force to his back and torso, impairing chest expansion, limiting diaphragmatic motion, and obstructing venous return, leading to impaired breathing and hypoxia”.
Crew members also administered an injection of the sedative medication Haloperidol and used multiple cans of pepper spray on Virgil.
Virgil’s body was refrigerated onboard until the ship returned to Los Angeles on December 16, 2024.
The Legal Claims Against Royal Caribbean
Aguilar, acting as personal representative for Virgil’s estate, filed the wrongful death lawsuit in the United States District Court for the Southern District of Florida on Friday.
Key Allegations in the Lawsuit:
The suit states: “Royal Caribbean fully understands and expects that alcohol overconsumption by passengers will result in the diminution of their inhibitions, motor skills and good judgment, which Royal Caribbean, upon information and belief, expects will foster the general party atmosphere that Royal Caribbean desires and promotes aboard its vessels, and which in turn enhances other revenue-producing shipboard activities such as gambling and the purchase of more alcohol”.
The attorneys noted that Royal Caribbean had the right to refuse alcohol service to anyone who was visibly intoxicated, but alleged that the company failed to do so to protect Virgil’s life.
The complaint alleges the company is liable for negligence, improper alcohol service and the actions of its security and medical employees. It argues that the company failed to protect the passenger despite visible signs of intoxication and used force that directly contributed to his death.
What the Family’s Attorneys Say
Anthony J. Russo Jr., an attorney representing Aguilar, told Newsweek that Royal Caribbean “grossly and egregiously violated” its policies.
Russo said: “They gave him a drug that created a situation where he was almost paralyzed with his muscles being relaxed, and then they applied direct pressure to his neck, which caused him to expire”.
Kevin Haynes, a partner at Kherkher Garcia, stated: “Michael’s family has suffered unimaginable heartache and torment caused by Royal Caribbean, a mega cruise line that prioritizes profit over passenger safety. Crew members, including security and medical personnel, are required to undergo rigorous competency training; it is very clear that Royal Caribbean is completely negligent in the hiring, training and supervision of its vast fleet of maritime employees”.
Haynes added: “We are seeing an incredibly alarming number of serious injuries and fatalities on cruise ships of late. Our goal is to force systemic change in the way this industry operates to ensure that no person or family experiences tragedy like this again”.
Royal Caribbean’s Response
A Royal Caribbean Group spokesperson told media outlets: “We were saddened by the passing of one of our guests, worked with authorities on their investigation, and will refrain from commenting any further on pending litigation”.
Second Alcohol-Related Death Lawsuit: Taylor Swift Cruise
Royal Caribbean faces a separate wrongful death lawsuit from the family of Dulcie White, 66, who fell from her balcony on the “Allure of the Seas” on October 22, 2024, during a Taylor Swift-themed cruise.
According to a lawsuit filed in Miami-Dade County on October 30, the ship’s crew served White seven alcoholic beverages within approximately six hours and eight minutes despite showing signs of extreme intoxication including slurring speech, swaying, stammering, and struggling to stand up.
White had purchased Royal Caribbean’s unlimited drink package, and her daughter Megan Klewin said: “Because of that drink package, she did overdo it, trying to maybe get her money’s worth”.
After a passenger helped White to her cabin, Klewin saw her mother go toward the balcony and later saw her seated on the edge of the balcony as if she had climbed up. Her body was never recovered, and according to the lawsuit, the cruise ship never turned around or used rescue boats.
Klewin said: “I feel the overconsumption of alcohol and the over service of alcohol was the cause of this. These crew members are incentivized to continue to serve them because that’s how they make their tips”.
Hidden Camera Class Action Lawsuit
Royal Caribbean faces another major legal battle: a class action lawsuit involving up to 960 passengers who may have been secretly recorded by a crew member using hidden cameras in stateroom bathrooms.
What Happened:
A woman filed a class action lawsuit on October 20, 2024, in Florida federal court after discovering a hidden camera planted under the sink in her cabin bathroom aboard the Symphony of the Seas in February 2024.
The crewmember, Arvin Joseph Mirasol, a stateroom attendant, was sentenced to 30 years in prison in August 2024 after pleading guilty to producing child pornography.
After his arrest, Mirasol revealed that he had been placing cameras in bathrooms since he started working on Symphony of the Seas in December 2023.
The Scope of Victims:
The class action seeks to represent any passengers aboard the Symphony of the Seas between December 1, 2023 and February 26, 2024 who stayed in cabins that were serviced by Mirasol. His victims may include up to 960 passengers.
Law enforcement found numerous videos of children between the ages of 2 and 17 in various states of dress on Mirasol’s electronic devices. The lawsuit claims Mirasol also hid under passengers’ beds to spy on them and filmed them while they showered.
Legal Claims:
Plaintiff Jane Doe filed the class action alleging negligence, invasion of privacy, video voyeurism and infliction of emotional distress.
The lawsuit claims Royal Caribbean failed to take adequate measures and provide sufficient security to prevent the acts of sexual assault by way of video voyeurism.
The suit alleges the company has “willfully chosen not to fortify its onboard security detail because to do so would require Royal Caribbean to increase security spending and to divert berths reserved for passengers to accommodate additional security aboard its ships, thereby reducing revenue and profits”.
Importantly, the suit asserts, Royal Caribbean still has yet to notify all passengers who stayed in cabins assigned to Mirasol between December 2023 and February 2024.
Broader Industry Problem:
Attorney Jason Margulies stated: “Sexual assaults, including voyeurism, aboard cruise ships is at an all time high and needs to be addressed”.
According to the complaint, there were 26 sexual assaults and rapes reported during Royal Caribbean cruises in 2023 and 22 sexual assaults reported during Royal Caribbean cruises in 2022. There were 131 allegations of sexual assault on cruise ships in 2023, up from 87 in 2022.
Attorney Michael Winkleman stated: “This is already a known industry problem and not just hidden cameras being an issue and it’s happened on virtually every other cruise line but also rapes and sexual assaults at sea”.
Winkleman added: “I think Royal Caribbean had a moral obligation to notify all the passengers that likely could’ve been affected they didn’t do that, now the notice is out there”.
Royal Caribbean’s Response:
A Royal Caribbean spokesperson stated: “The safety and privacy of our guests is our highest priority, and we have zero tolerance for this behavior. We immediately reported this case to law enforcement and terminated the crew member. As this is pending litigation, we are unable to comment further at this time”.
Understanding Maritime Law and Cruise Ship Liability
The Death on the High Seas Act (DOHSA)
Through the Virgil lawsuit, the estate is seeking judgment for damages under the Death on the High Seas Act, including loss of support, inheritance, past and future earnings and net accumulations. The family is also seeking funeral and medical expenses, loss of companionship and protection and mental pain and suffering.
What is DOHSA?
Enacted in 1920, the Death on the High Seas Act allows a decedent’s spouse, parent, child, or dependent relative to bring a civil action against the party responsible for the death of an individual through a wrongful act, neglect, or default occurring on the high seas at least 3 nautical miles off the shores of the United States.
Limitations of DOHSA:
DOHSA only provides compensation for immediate financial damages related to the loss of a loved one, though “financial damages” does include loss of parental guidance and nurture. Other types of damages, such as pain and suffering or loss of companionship, are not available under DOHSA (except in aviation accidents).
Attorney Spencer Aronfeld noted that the High Seas Act limits any potential winnings in court.
Critics have spoken out about how DOHSA often shields large cruise lines from significant liability, as cruise ship ticket contracts typically contain clauses significantly limiting the cruise line’s liability.
FBI Jurisdiction in Cruise Ship Deaths
The FBI is typically called to investigate deaths involving U.S. citizens on the high seas. However, cruise criminal jurisdiction is complicated since ships are registered in foreign countries, with most crimes occurring in international waters.
The location of the vessel, the nationality of the suspect or victim, the ownership of the vessel, the points of embarkation and debarkation, and the country where the vessel is registered all determine the FBI’s role and ability to investigate.
As part of the cruise line’s security guidelines, Royal Caribbean reports all allegations of crime to the FBI and United States Coast Guard.
What Damages Are Being Sought?
In the Virgil case, Aguilar’s lawsuit seeks damages for loss of support, inheritance, past and future earnings, funeral and medical expenses, mental pain and suffering, and more.
In the hidden camera cases, the lawsuit details the severe emotional and physical distress experienced by the plaintiffs, and the plaintiff is seeking damages for the harm caused to her and others, and a jury trial.
Other Royal Caribbean Lawsuits
The maritime law firm Lipcon, Margulies & Winkleman, P.A. is currently handling the proposed class action on behalf of passengers who were victims of Mirasol, representing up to 960 potential claimants.
The firm has successfully represented hundreds of passengers in previous Royal Caribbean cases, including:
- More than 300 passengers in a class action lawsuit against the cruise liner based on the Anthem of the Seas knowingly and intentionally sailing into the path of a hurricane
- Multiple passengers injured in slip and fall accidents
- Cases involving medical negligence and delayed treatment
- Sexual assault and rape cases aboard Royal Caribbean vessels
What This Means for Cruise Passengers
Your Rights as a Cruise Passenger
Cruise lines have a duty to provide reasonable care to passengers, which includes:
- Maintaining safe premises and equipment
- Properly training security and medical personnel
- Refusing alcohol service to visibly intoxicated passengers
- Protecting passengers from foreseeable harm
- Promptly responding to medical emergencies
Warning Signs and Red Flags
Based on these lawsuits, passengers should be aware:
- Unlimited drink packages may encourage overconsumption without proper monitoring by crew
- Security response protocols for intoxicated passengers may involve dangerous restraint techniques
- Hidden camera risks exist in cruise ship staterooms, particularly in bathrooms
- Crew training on alcohol service limits and proper restraint techniques may be inadequate
- Notification failures mean Royal Caribbean may not inform all affected passengers when crimes occur
If You Were Affected
If you were a passenger on Symphony of the Seas between December 1, 2023, and February 26, 2024:
You may be eligible to join the class action lawsuit regarding the hidden camera incidents. Maritime attorneys recommend contacting legal counsel to discuss your options, as it’s not too late to file a claim.
If you or a loved one experienced similar incidents:
Document everything, seek medical attention if needed, report incidents to the FBI and Coast Guard, and consult with an experienced maritime attorney immediately.
Frequently Asked Questions
Can Royal Caribbean be held liable for overserving alcohol to passengers?
Yes. Cruise lines have a duty to refuse alcohol service to visibly intoxicated passengers. The attorneys in Virgil’s case noted that Royal Caribbean had the right to refuse alcohol service but allegedly failed to do so. Maritime law recognizes claims for negligent alcohol service when it leads to injury or death.
What is the Death on the High Seas Act and how does it limit damages?
DOHSA allows families to sue for wrongful death occurring at least 3 nautical miles offshore, but only provides compensation for immediate financial damages like loss of support, services, and inheritance. Unlike state wrongful death laws, DOHSA does not allow recovery for pain and suffering or loss of companionship, which can significantly reduce potential compensation.
How long do I have to file a cruise ship lawsuit?
Both DOHSA claims and other maritime wrongful death claims have a three-year statute of limitations. However, cruise ship ticket contracts often contain shorter deadlines (sometimes as short as six months to notify the cruise line and one year to file suit), so it’s critical to consult an attorney immediately.
What happens if a crime occurs on a cruise ship in international waters?
Cruise criminal jurisdiction is complicated since ships are registered in foreign countries with most crimes occurring in international waters. The FBI’s role depends on the vessel location, nationality of the suspect or victim, vessel ownership, ports of call, and vessel registration. Royal Caribbean reports all crime allegations to the FBI and Coast Guard.
Were all passengers on Symphony of the Seas during the hidden camera incidents notified?
No. The lawsuit alleges that Royal Caribbean has not notified all passengers who stayed in cabins assigned to Mirasol between December 2023 and February 2024. Attorney Michael Winkleman believes there could be upwards of a thousand people who were affected and have no idea.
Can I join the hidden camera class action lawsuit?
The class action seeks to represent any passengers aboard Symphony of the Seas between December 1, 2023 and February 26, 2024 who stayed in cabins serviced by Mirasol. If you fall within this timeframe, contact the attorneys representing the class to determine your eligibility.
What should I do if I witness improper alcohol service or security incidents on a cruise?
Document everything with photos/videos if safe to do so, report incidents to ship security and guest services in writing, request copies of all incident reports, seek medical attention if anyone is injured, and report serious incidents to the FBI when the ship returns to a U.S. port. Consider consulting a maritime attorney before your cruise ends.
Last updated: December 10, 2024
Sources: U.S. District Court for the Southern District of Florida (Doe v. Royal Caribbean Cruises Ltd., Aguilar v. Royal Caribbean), Los Angeles County Medical Examiner, FBI statements, Newsweek, CBS News, KTLA, The Hill, Fox News, NBC News, attorney statements from Kherkher Garcia and Lipcon, Margulies & Winkleman P.A., U.S. Attorney’s Office Southern District of Florida, Death on the High Seas Act (46 U.S.C. §§ 30301–30308), maritime law sources.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have been affected by any incidents described here, consult with an experienced maritime attorney to discuss your specific situation and legal rights.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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