Passenger Seeks More Than $5M From Carnival Over Hot-Deck Burns
The complaint says Nunez walked roughly twenty steps from the pool to his chair and cites at least twenty-five similar burn incidents in the prior six years.
A Florida passenger is seeking more than $5 million from Carnival Cruise Line, alleging he suffered second-degree burns to the soles of his feet after walking barefoot across the Lido deck on Carnival Magic in May 2025. Jorge Luis Alverio Nunez says the deck surface was “unreasonably and dangerously hot” during the short walk from the pool to his lounge chair, according to a complaint filed in the Southern District of Florida.
The complaint alleges Carnival had prior notice of a fleetwide hot-deck hazard, citing at least 25 similar burn incidents and 42 complaints about overheated sun decks during the six years before Nunez’s injury.
Nunez walked roughly 20 steps from the pool area to his chair to put on shoes when the burns occurred, the complaint says. “While a passenger may reasonably expect an exterior deck surface exposed to sunlight to become warm,” the filing says, Nunez could not anticipate temperatures “capable of causing severe second-degree burns within seconds of ordinary contact.”
The complaint says Nunez suffered a “severe and life changing injury” that led to medical expenses, disfigurement, mental anguish, lost income and the need for additional treatment. He alleges negligence and seeks punitive damages, arguing Carnival’s conduct showed reckless disregard for passenger safety.
Complaint cites prior burn claims and deck material warnings
Nunez alleges Carnival failed to take basic precautions, including posting warnings, monitoring deck temperatures, cooling the surface, adding shade, requiring footwear in affected areas or replacing the deck material. The complaint says there were no signs or notices near the area warning passengers that the surface could become hot enough to cause burns within seconds.
The filing focuses on API Syntheteak, a resin-based top coat designed to resemble wood and used on marine decks. The complaint alleges API warned Carnival as early as 2014 that the material could become dangerously hot when exposed to sunlight. API is identified as the manufacturer but is not named as a defendant.
The lawsuit also cites more serious prior incidents, including two cases in which passengers allegedly suffered burns severe enough to require below-the-knee amputations. In another complaint quoted in the filing, a Carnival Magic passenger after a June 2022 cruise urged the line to “replace the deck or put down rubber mats,” saying the surface became too hot to walk from a chair to the pool without burning bare feet.
Carnival’s response
Carnival Corp. told USA Today it does not comment on pending litigation. API also did not provide a comment.
Nunez has requested a jury trial in federal court.
