Michael Virgil, 35, died after being restrained by cruise ship security following a violent outburst on the Navigator of the Seas cruise liner last year. His family are now suing Royal Caribbean after receipts allegedly showed bar staff served him at least 33 drinks in the space of just seven hours, ignoring what they say were clear signs of intoxication.
They are also holding liable for his death after crew members tackled him to the ground and stood on him with their full body weight, before delivering him a sedative injection. Fiancée Connie Aguilar's lawsuit seeks unspecified damages and a jury trial.
Michael and Connie were on a roundtrip voyage from Los Angeles to Ensenada, Mexico, with other members of their family in December 2024 when Mr Virgil got lost and became agitated trying to find his room after being dozens of alcoholic beverages, the court filings said.
He is said to have purchased the "all in" Deluxe Beverage, which is on advertised on Royal Caribbean's website offering "bottomless beverages onboard" including spirits, beer, wine, cocktails, and frozen drinks.
Reports from fellow passengers said he launched into a rampage which saw him kick, punch and physically intimidate crew members while yelling abuse, including alleged use of racial slurs.
Crew members eventually tackled Mr Virgil and stood on him with their full weight, the lawsuit says, compressing his back and torso, and impairing his breathing.
At the captain's request, crew members administered a sedative and sprayed him with pepper spray, it is claimed, leading to respiratory failure, cardiac arrest and Mr Virgil's death.
The Los Angeles County Medical Examiner ruled the death a homicide. It said Virgil died from the combined effects of mechanical asphyxia, which is when force or an object blocks breathing, along with obesity, an enlarged heart and alcohol intoxication.
Passenger Christopher McHale - who said Mr Virgil threatened to kill him and a crew member and chased them down a hallway - shared an image showing the dad in a narrow hallway kicking a door. He said the crew member locked himself in a towel room, which Virgil then tried to break down.
Another picture shows security guards and other crew holding Virgil down on the floor - but despite being targeted during the outburst, Mr McHale said nobody deserved to die the way Virgil did. "He just needed some help," he said.
His family's lawyers argue that crew members should not have served Mr Virgil alcohol because he "exhibited obvious visual signs of intoxication" and claim they were negligent for doing so.
Under maritime common law, carriers like Royal Caribbean are required to "supervise and assist passengers likely to engage in behaviour dangerous to themselves or others," the lawsuit said.
The company's ships, it added, are deliberately designed to ensure there are alcohol-serving stations "in every nook and cranny" and the company "does as much as possible to encourage and facilitate alcohol consumption" on board.
The lawsuit was filed Friday in federal court in Miami, where Royal Caribbean, the world's second largest cruise company, has its headquarters. The Mirror has approached the company for comment.