Landmark Ruling Against Cruise: Carnival Corporation’s Australian division has been handed a significant legal ruling, with a judge ordering them to cover the medical costs of a woman who contracted COVID-19. This decision is being hailed as the first class action victory against a cruise ship operator worldwide, a landmark development according to Shine Lawyers, who are representing about 1,000 Australian plaintiffs in this case.
Justice Angus Stewart found that Carnival Australia had misled passengers about the measures in place to protect them from the virus and should have canceled the return voyage from Sydney to New Zealand in March 2020.
Lead plaintiff Susan Karpik was granted A$4,423.48 ($2,826) to cover her out-of-pocket medical expenses, although no damages were awarded. Carnival Australia has issued a statement saying it is carefully considering the judgment. Legal filings from the operator deny any prior knowledge that the risk of contracting COVID-19 was higher on a cruise ship than in the community.
Susan Karpik and her husband Henry, who were passengers on the Ruby Princess, had claimed over A$360,000 in damages, partly due to the psychological distress caused by her husband’s two-month hospitalization with the virus.
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As the case continues, Carnival could face more substantial compensation claims from other passengers, especially those who experienced severe illness. Vicky Antzoulatos, the joint head of class actions at Shine Lawyers, pointed out that Mrs. Karpik’s husband, who spent weeks in intensive care and suffered serious injuries, is a significant case in point.
The number of plaintiffs may also increase if Australia’s High Court decides to include around 700 U.S. passengers in the class action, a decision expected later this year or in early 2024.
This case stands out as a rare victory against a cruise ship operator, as the industry typically operates in jurisdictions where it is challenging to pursue legal action, particularly when it comes to class action suits. The Ruby Princess was, for a time, Australia’s most substantial source of COVID infections, with 2,651 passengers allowed to disembark, many of whom were feeling unwell, which contributed to the virus’s spread across the country and beyond. Ultimately, around 900 cases and 28 deaths were linked to the outbreak.
In 2020, a public inquiry into the outbreak concluded that New South Wales state health officials had made “inexcusable” errors when allowing passengers to disembark. This case is a crucial development in the legal landscape of the cruise industry and may have lasting implications for passenger safety and accountability.
Our Reader’s Queries
What was the ruling on the Ruby Princess?
The High Court of Australia has ruled that the class action waiver clause in the US terms and conditions is void under the Australian Consumer Law. All five judges unanimously agreed that the clause is unfair.
Can you sue a cruise line?
Every year, numerous passengers suffer severe injuries while on a cruise, despite being blameless. It’s crucial to understand that these injured passengers have the right to file injury claims and lawsuits against the cruise line they traveled with. This legal recourse can help them seek compensation for the harm they have endured.
Do US laws apply on cruise ships?
When you’re on a cruise ship, the laws of the country where the ship is registered usually apply to any events that happen onboard. But if you’re departing from a U.S. port, you’ll also need to consider the laws of the state where the ship left from, as well as U.S. federal law and any international treaties that might apply. It can be a lot to keep track of, but it’s important to understand your rights and responsibilities while you’re at sea.
What government agency oversees cruise lines?
To ensure customer protection, the FMC mandates that passenger vessel operators carrying 50 or more passengers from a U.S. port must have the financial capacity to reimburse their customers in case of a cancelled cruise.