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The Royal Caribbean Ovation of the Seas cruise ship was halfway around the world in New Zealand — far away from the U.S. civil justice system — when cruise workers placed passengers in harm’s way.
Despite repeated warnings that a volcano was active and posed an imminent risk of eruption, the ship disembarked at Whakaari / White Island for a tour on December 9, 2019. When the volcano erupted, 22 tourists and two guides were killed and more than two dozen were seriously injured, many suffering serious burns.
Stephanie Browitt and her family had been aboard the ship for a tour of New Zealand and were among the passengers on the tour of the island. Stephanie, who was 23 at the time, endured third-degree burns over about 70% of her body, which required a grueling recovery that included amputation of eight fingers and more than 20 surgeries. Her father, Paul, and sister Krystal, died from injuries they suffered in the blast.
“What felt like a normal day, changed out of nowhere,” Stephanie told People magazine. “Within seconds, we realized it was erupting and we all began to run for our lives. It all happened so fast that we had no chance of escaping it.”
Writes People magazine:
Browitt, who lives in Australia and is now 28, was in the hospital for six months going through “long, painful and exhausting” recuperation. Surgeries, which were at first conducted every other day, involved the debridement or removal of dead tissue and the application of grafts crafted from donated skin as well as her own. Her healing was also facilitated by hyperbaric chambers, various forms of therapy, including speech sessions, laser treatments and whole-body compression garments.
A Law Firm with Unique Cross-Border Injury Litigation Expertise
Cross-border injury litigation is highly specialized work that requires skillsets that few firms have together: the ability to prosecute highly complex plaintiffs injury litigation and the skills to navigate cross-border legal technicalities and fight to keep litigation in U.S. courts.
While most of the passengers were not American citizens, many of them turned to Dallas-based Waters Kraus Paul & Siegel to handle their cases. To get there, the attorneys not only had to navigate building and prosecuting a challenging injury claim, they had to manage a cross-border liability dispute and develop and defend strategies to hold the company accountable in U.S. civil justice system.
The WKPS team focused on a series of failures by Royal Caribbean to respond and protect passengers from warnings that the volcano was in a near-constant state of unrest, with “phreatic eruptions” that could occur rapidly and without warning. Evidence showed that the company disregarded eruption warnings that had been in place for weeks and that guides on the tour told passengers during the tour that the eruption risk was very high.
Justice on the Eve of Trial
For Stephanie and her mother, Marie Browitt, the fight for justice took more than four years of legal battles. In November 2024, they traveled from Australia to a Dade County, Florida, courthouse for the jury trial. As the WKPS team prepared to pick a jury and get started with testimony, Miami-based Royal Caribbean proposed a confidential settlement.
“It’s been exhausting. It’s been scary, and we’re finally relieved it’s come to an end,” Stephanie said following the settlement announcement outside a Dade County Florida court where the trial was to be held. The Browitt’s story and the lawsuit settlement have been featured in People magazine and 60 Minutes Australia.
Other injured parties have cases that are still pending.
Cross-Border Injury Lawsuits and the Long Reach of U.S. Courts
In the United States, people injured by defective products or corporate misconduct may pursue personal injury or wrongful death claims regardless of citizenship. While other countries limit or do not permit these kinds of actions against corporations, the U.S. system provides powerful tools for accountability, including broad discovery, expert evidence, jury trials, and the potential for substantial compensation.
Foreign nationals may have viable claims in U.S. courts when there is a meaningful connection to the United States—for example, employment with a U.S.-based company, exposure to products manufactured or distributed by American entities, or injuries sustained while traveling in the U.S. or working at a U.S.-owned facility or port.
One Law Firm’s Commitment to Cross-Border Injury Litigation
Waters Kraus Paul & Siegel has a hard-earned reputation for handling complex cross-border litigation. Firm attorneys have led global litigation in matters involving asbestos, talc, toxic chemical exposures and other injuries on behalf of international clients. Their work has opened U.S. courthouse doors to victims worldwide, representing thousands of foreign claimants—from fraud victims in Argentina to agricultural workers exposed to hazardous pesticides in Central America.
With multilingual attorneys and deep experience coordinating across jurisdictions, the firm operates seamlessly with co-counsel and referring firms around the world. Whether collaborating with partners in Europe or advocating for families from Mexico, the team brings a trial-ready strategy focused on delivering meaningful, measurable results.
That’s the first question everyone asks. The truth is it’s impossible to know. But we can tell you this. Waters Kraus Paul & Siegel has what it takes to fight against big corporate interests and win.
