Thomas, and that they were encouraged by a crew member to visit Coki Beach.
Dismissing the ruling of a lower court, a U.S. court of appeals has ruled that Carnival Cruise Lines
must face a lawsuit from the family of a passenger who was shot while ashore in the U.S. Virgin
Islands.
A 15 year old passenger on Carnival’s M/V Victory, Liz Marie Perez Chaparro, took a day trip with her
family to Coki Beach in July of 2010. The family was caught in the cross-fire of gang-related violence
while their open-air bus was stuck in traffic, passing near the funeral of a slain gang member. The girl
was fatally shot.
The family's lawsuit claims that Carnival failed to warn passengers of the crime problem on St.
Thomas, and that they were encouraged by a crew member to visit Coki Beach. In response, Carnival
says that they had no duty to warn, and that the girl's death could not have been forseen.
According to the U.S. Court of Appeal in Atlanta, “The facts alleged in the complaint are plausible
and raise a reasonable expectation that discovery could supply additional proof of Carnival’s liability.”
Additionally, the court cited a U.S. Supreme Court ruling from 1959 stating that, “a ship owner owes
the duty of exercising reasonable care towards those lawfully aboard the vessel who are not members
of the crew.”
