A couple burnt in the Whakaari/White Island eruption are suing Royal Caribbean and co-defendant New Zealand company, ID Tours for negligence.
The newlywed couple, from the US, say the cruise ship company had enough information to know the volcano could blow before the excursion.
GeoNet had raised its alert for the island to two, the highest alert level before an eruption.
Lauren and Matthew Urey claim both Royal Caribbean and ID Tours did not provide adequate warning of the risks.
"Multiple similar Volcanic Alert Bulletins were released and available in the weeks and days leading up to the ill-fated excursion," the couple's attorney Michael Winkleman told the Daily Mail.
"Yet at no time did Royal Caribbean provide any warning or notice regarding any increased likelihood of volcanic activity."
Passengers were also not informed Whakaari/White island had erupted multiple times in the past 10 years.
The Ureys, from Virginia, were honeymooning in New Zealand following their wedding. They were part of a group of 38 passengers on a tour of the volcano when it erupted.
Matthew told the Daily Mail "it was darker than the darkest nights you've ever seen - it was scalding hot, agonising, we were getting pelted with rocks".
"My body was literally sizzling," said Lauren, recounting the experience.
Matthew was burnt on 54 percent of his body, and Lauren also received bad burns. The pair spent two months in separate hospitals, receiving multiple surgeries.
Court proceedings will take place in the Miami District Court.
