Published: Feb 20, 2013 10:44 PM EST

Carnival is facing a class action lawsuit over the disaster aboard the Triumph.

The lawsuit states that the company knew or should have known that the ship could experience mechanical and engine issues, since it had in the past. It also says conditions on the vessel created a risk of injury or illness. The Triumph loss primary power earlier this month after an engine fire, causing toilets to overflow into public spaces.

Carnival offered passengers 500 dollars, a free flight home, a full refund, and a credit for another cruise.