When a Dream Cruise Becomes a Nightmare: Legal Insights from the Drake Passage Incident

A dramatic video showed footage of the harrowing scene on Quark Expeditions’ Ocean Explorer that took place in March 2025. Rough seas sent passengers flying into walls and sliding across the floor as 30 to 40-foot-tall waves battered the ship for around 48 hours. The Drake Passage is notoriously a rough part of the sea, but even knowing the potential risks, the voyage surpassed many passengers’ expectations.

What happened aboard the Ocean Explorer

Quark Expeditions specializes in polar excursions, and the 12-day voyage left from Argentina and headed for Antarctica. As the ship passed through the Drake Passage, the waves created a situation that some likened to a “48-hour rollercoaster.” The Passage, which is where the three oceans converge, is known for its extreme weather.

The crew informed passengers that they needed to stay in their cabins for extended periods. A travel blogger aboard the ship filmed the dramatic scene. The Instagram footage gives a sense of the conditions and attracted the attention of hundreds of thousands of viewers around the world.

Dangers at sea

Despite the apparent risks, the passengers aboard the Ocean Explorer all survived their journey through the Passage. However, not everyone has been so lucky. In November of 2022, a 62-year-old woman aboard the Viking Polaris was killed when a large wave struck the window she was looking out of, shattering the glass. Four others also suffered injuries in the same incident. That tragic event caused the ship to return to Argentina.

Rights and protections for passengers

Passengers who choose to travel through the Drake Passage have a clear sense of adventure, but they also should be able to expect the ship and its crew to provide the safest environment possible. Cruise lines can be held liable for the resulting injuries when they fail to offer reasonable protections. Some examples of incidents that might result in claims include the following:

• Injuries due to violent ship movement, like those sustained from being thrown into the wall or furniture
• The harm caused by falling objects
• Failure to warn passengers of the potential risks and dangers
• Inadequate emergency responses or medical care

It’s important to take the time to review the cruise ticket contract— which often includes limitations on where and how you can file your claim.

What to do if you suffer injuries on a cruise

Suffering an injury on a cruise instantly transforms a vacation into a frightening emergency. Some of the steps to take after this type of incident include:

• Document the incident and your injuries
• Seek immediate medical care
• Report the injury to the ship’s crew
• Obtain a copy of the injury report
• Contact a maritime lawyer as soon as possible

Remember that there are strict deadlines for reporting injuries and filing claims. It’s best to reach out right away to learn more about your options and rights.

Contact Hickey Law Firm today

The founding partner of Hickey Law Firm, John H. (Jack) Hickey, is board certified by the Florida Bar in Civil Trial Law and Admiralty & Maritime Law and in Civil Trial Law by the National Board of Trial Advocacy (NBTA). As a former lawyer for cruise companies, he has a deep understanding of the arguments they may make in an attempt to avoid liability. Now, he fights for those injured at sea. If you suffered injuries on a cruise ship, you should speak to one of the experienced maritime law attorneys at Hickey Law Firm. Call us today or fill out our contact form. We offer free consultations to prospective clients.