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A cruise operator that allowed the Ruby Princess ocean liner to set sail from Sydney in the early days of the COVID-19 pandemic, leading to a major outbreak, has been found negligent in its duty of care to passengers, according to reports.
The Federal Court of Australia delivered its verdict, stating that British-American cruise operator Carnival and its subsidiary Princess Cruises, the ship's owner, failed in their duty to take reasonable care of passengers' health and safety in relation to COVID-19, an Associated Press report said.
The Ruby Princess embarked on what was supposed to be a 13-day cruise to New Zealand on March 8, 2020, with 2,671 passengers on board, the report said.
However, the cruise was cut short, returning to Sydney after just 11 days, as Australia's borders were closing due to the escalating pandemic. Tragically, COVID-19 spread among the passengers, infecting 663 individuals and claiming the lives of 28.
The lead plaintiff in the class-action case, passenger Susan Karpik, represented those affected by the Ruby Princess outbreak. Federal Court Justice Angus Stewart found that Carnival and Princess Cruises should have been aware of the heightened risk of coronavirus infection on the vessel and the potentially lethal consequences it posed. Furthermore, the court ruled that their procedures for screening passengers and crew members for the virus were inadequate and unlikely to detect all infectious individuals.
Justice Stewart's decision is a significant development in the legal battle surrounding the Ruby Princess outbreak, holding the cruise operator accountable for its actions during the early stages of the COVID-19 pandemic. The ruling has far-reaching implications for the cruise industry and sets a precedent for the duty of care owed to passengers during health crises. Carnival and Princess Cruises may now face substantial legal and financial consequences for their negligence.
This verdict sends a powerful message regarding the responsibility of companies in the travel and tourism sector to prioritize passenger safety in the face of health emergencies. It underscores the need for robust health and safety protocols to safeguard passengers and prevent the spread of infectious diseases on board cruise ships. The Ruby Princess case will undoubtedly serve as a precedent in shaping future legal standards for the cruise industry worldwide.
The AP report adds:
Federal Court Justice Angus Stewart ruled that Carnival had been negligent as defined by Australian consumer law by allowing the cruise to depart in the early months of the pandemic. He said Carnival had a duty to take reasonable care of her health and safety in regard to COVID-19.
“I have found that before the embarkation of passengers on the Ruby Princess for the cruise in question, the respondents knew or ought to have known about the heightened risk of coronavirus infection on the vessel and its potentially lethal consequences and that their procedures for screening passengers and crew members for the virus were unlikely to screen out all infectious individuals,” Stewart said.
Carnival had already experienced outbreaks on its cruises in the previous month aboard the Grand Princess off California and the Diamond Princess off Japan, the judge said.
Carnival had failed to explain why it offered free cancellation for all cruises worldwide leaving from March 9 — the day after the Ruby Princess departed — and suspended all cruises on March 13, he said.
“To the respondents’ knowledge, to proceed with the cruise carried significant risk of a coronavirus outbreak with possible disastrous consequences, yet they proceeded regardless,” Stewart said.
Susan Karpik had sued Carnival for more than 360,000 Australian dollars ($230,000).
However, she was only awarded her out-of-pocket medical expenses of AU$4,423.48 ($2,823.28) for reasons including that the judge did not accept she suffered from long COVID and that Carnival had refunded all the passengers’ fares.
But she said she was happy with the outcome.
“I was very pleased with that finding. And I hope the other passengers are pleased with that finding too,” she told reporters outside court.
“I hope the finding brings some comfort to them because they’ve all been through the mill and back,” she added.
Her lawyer Vicky Antzoulatos said other passengers who suffered worse consequences from their sickness could expect larger payouts.
While Susan Karpik's symptoms were relatively mild, her husband Henry Karpik spent two months in hospital and almost died from his infection.
“Susan’s husband was very catastrophically injured, so we expect that he will have a substantial claim, and that will be the same for a number of the passengers on the ship,” Antzoulatos said.
Each passenger will have to prove their claims unless Carnival agrees to settle, she said.
“It’s been a long time coming and a very comprehensive victory for the passengers on the Ruby Princess,” Antzoulatos said.
Carnival Australia said in a statement it was considering the judgment in detail.
“The pandemic was a difficult time in Australia’s history, and we understand how heartbreaking it was for those affected,” Carnival said.