I guess it would depend on if you could find a legal team willing to take the case. Unfortunately, it would probably end of costing the cruise company money as well, since typically you name all possible defendents. In the case of the cruise lines, they would be the ones with the most money to pay out, therefore, would be named as well, probably in some bogus negligent capacity such as the railing not being high enough, serving the passenger after being intoxicated (however I agree it was probably smuggled hooch), etc. etc.
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