If you’ve sailed with Disney and had children in the room, you’ll know the beds I’m about to describe.
The upper berth that folds down from the ceiling, above the convertible sofa bed.
A family has filed a lawsuit against Disney Cruise Line after their daughter allegedly rolled out of one of those upper bunks in the middle of the night and broke both of her wrists.

What the Lawsuit Says Happened
The case was filed in the Circuit Court for Brevard County, Florida, on May 18, 2026.
The child is identified only as C.S. and is suing via her parents.
The incident itself is said to have taken place almost two years earlier, on the night of July 30, 2024, during an Alaska sailing on the Disney Wonder.
The family were in cabin 2508, a Deluxe Oceanview Stateroom — one of the standard configurations that sleeps up to four, with a main bed, a sofa bed, and a pull-down upper berth.
According to the filing, the child went to sleep in the upper bunk somewhere between 8pm and 9pm. At around 1am she is said to have rolled in her sleep and fallen through a gap in the guardrail down to the stateroom floor.
She broke both wrists. One of the fractures involved a growth plate. I am no expert in this but apparetnly growth plate injuries in children can have implications well beyond the initial break.
The family is seeking damages in excess of $50,000 covering medical care, pain and suffering, permanent disability and future losses, and has requested a jury trial.
The picture below is not of a bunk bed on Disney Wonder – this is on Disney Destiny. But we beleive it is representative of the set up across the fleet.

As you can see, the rail doesn’t go across the whole of the bed – there is a gap at the bottom where the ladder can fit.
The Three Claims Being Made
The family is represented by Aronfeld Trial Lawyers, and the filing sets out three separate counts of negligence.
1. Failing to provide reasonably safe accommodation
The central allegation is that the guardrail on the upper bunk does not run the full length of the bed, leaving a gap.
“DISNEY CRUISE’s breach was the cause-in-fact of C.S.’s great bodily harm in that, but for DISNEY CRUISE’s breach C.S.’s injuries would not have occurred.”
2. Failing to warn passengers
The second count argues that Disney knew or should have known about the risk, and that a sleeping child could not reasonably be expected to appreciate it.
“Despite having actual and/or constructive knowledge of the dangerous condition, including the gap in the guardrail on the upper bunk bed, DISNEY CRUISE did not warn passengers, including C.S., of the risk of falling.”
3. Vicarious liability
The third count concerns the people who designed, installed, approved or inspected the bed — arguing that Disney is responsible for their alleged failure to identify the short guardrail as a hazard or to correct it.
An Important Caveat
These are allegations. No court has found Disney Cruise Line liable for anything.
Disney has not publicly responded to the lawsuit, and there is every possibility that facts will emerge in court that change how this looks entirely. The headlines and limited facts we have available mean that there is still a lot of speculation here as to the validity of the claim.
Disney’s Position on Safety
While Disney hasn’t commented on this case specifically, its published safety statement reads:
“At Disney Cruise Line, nothing is more important than the well-being of our guests and crew members, and the safe and secure operation of our ships.”
“From regular crew training, safety drills and equipment inspections to the latest navigational technology, we employ multiple processes and procedures to uphold high standards of safety at all times, whether at sea or in port.”
And to be fair to Disney, they do have a track record of physically changing their ships when a problem emerges.
After a child fell through an open porthole on the Disney Dream, plexiglass and additional railings were fitted. After a child fell from a coral fixture at Nemo’s Reef and broke a femur, that splash pad was modified.
Whether anything changes with the upper berths remains to be seen. But Disney does act.
Where This Goes Next
The family has requested a jury trial, which means this may run for some time.
Cases like this frequently settle before reaching court, and if that happens the terms will almost certainly be confidential.
This case would have implications for not only the cruise industry but the hotel and hospitality industry as a whole. If the case was decided in favor of the family this would affect bunk bed safety and warnings.
Is is reasonable that the rail doesn’t go across the whole of the bed?
Have you used the upper berths with your children? Did you ever look closely at the rail?
Related Reading
- Disney Cruise Staterooms to Avoid
- Disney Cruise Stateroom Hacks
- Disney Cruise First-Timer Mistakes
- What Not to Pack on a Disney Cruise

Alison Meacham is the founder of EverythingMouse Disney Blog. For over 15 years she has shared her love of Disney Parks, Disney Cruises and Universal Orlando. In over 30 years of Disney Travel she has spent countless months in Disney Parks and has sailed on over 60 cruises. A British native and now a United States resident she splits her time between California, Florida and the UK. And spends a serious amount of time sailing the seven seas. She helps over 250,000 people per month follow their Disney travel dreams.
