MARITIME: Australian Court Finds Carnival Cruises Negligent in Ruby Princess COVID-19 Outbreak
By Our Correspondent
A court in Australia has ruled against Carnival Cruises in a class-action lawsuit, according to FleetMon.
It stated: “The court determined that the cruise line was negligent in its handling of passengers and had misrepresented the risks associated with the cruise. Notably, this marks the first successful class-action lawsuit against a cruise operator.
“The case is rooted in the events of the March 2020 RUBY PRINCESS cruise, which turned into the largest single outbreak of COVID-19 in Australia. The ill-fated journey embarked on a 13-day cruise from Australia. It set sail when the COVID-19 pandemic was already a significant concern, and shortly thereafter, the global cruise industry suspended operations.
“Although the RUBY PRINCESS voyage was cut short, more than 660 out of the 2,671 passengers tested positive for the virus. In total, 900 passengers contracted COVID-19, and tragically, 28 passengers succumbed to the disease. An investigation revealed that the cruise line had committed grave errors in managing passengers and disembarking them, leading to the virus’s spread among the populace.
“The lead plaintiff in this class-action lawsuit is Susan Karpik, a woman who contracted the virus. Her husband, Henry Karpik, had to be placed in a medically induced coma for four weeks and underwent an extended recovery process. Susan Karpik sought damages amounting to A$350,000 (US$226,000) for the distress and disappointment she experienced.
“Justice Angus Stewart ruled that Carnival Australia, as the charterer of the cruise ship, and Princess Cruises, as the ship’s owner, were negligent in allowing the RUBY PRINCESS cruise to proceed. The judge emphasized that given Carnival’s prior experiences with its cruise vessels, such as the Diamond Princess’ quarantine in Japan and the Grand Princess receiving special treatment in the US after its passengers tested positive, Carnival should have exercised better judgment and canceled the RUBY PRINCESS cruise.
“The ruling also found Carnival Australia guilty of making misleading representations about the cruise, implying that it was reasonably safe.
“The judge stated that compensation for the plaintiffs would be determined on a case-by-case basis. Interestingly, the majority of the lead plaintiff’s claims were dismissed, with the judge concluding that a refund of A$4,400 (US$2,800) plus interest would adequately cover her claims and medical expenses. She was not granted any additional damages. The lawyers involved stated that individuals who, like Susan Karpik’s husband, suffered significant personal injuries would receive compensation exceeding the refund from the company.”
