In March 2020, a COVID-19 outbreak (“the outbreak”) forced the Ruby Princess cruise ship to turn around from its intended voyage to New Zealand. The outbreak resulted in the death of 28 people and more than 660 guests onboard the ship contracted the virus.
In the first successful cruise ship class action in the world, the High Court of Australia has found that the operator, Carnival trading as Princess Cruises (“the Company”) was negligent regarding the precautions taken for passenger safety, misleading information, and its handling of the outbreak.
In his judgement, Justice Angus Stewart acknowledged that the Company ought to have known about the significant risk of an outbreak, because in the previous month they had experienced two separate outbreaks of COVID-19 on two different ships. The risk of an outbreak with potentially devasting consequences would have been foreseeable by the Company.
The communication from the Company to passengers prior to the initial departure was found to be misleading. The Company actively assured passengers that they would be safe, despite the fact that they had experienced two outbreaks during the previous month. It was held that the Company should have warned passengers that they may be exposed to an increased risk of an outbreak, but they failed to do so.
The Company breached its duty of care because it would have been reasonable and not significantly burdensome to cancel the cruise. They also failed to isolate passengers who had contracted the virus and allowed it to spread.
In April 2020, the New South Wales Police Commissioner launched a criminal investigation into the circumstances of the outbreak, however, no criminal negligence charges were ultimately pursued.
Although this case for negligence has been proven, individual plaintiffs of the class action will need to individually prove their damages. The court has urged the Company to resolve the remaining claims for compensation via settlement and avoid further court action, however, this may prove difficult as there are a few sub-classes. These would include the passengers who contracted coronavirus, the estates of passengers who contracted the virus and passed away, and family members who suffered psychological injuries consequent to their relatives contracting the virus. There were around 800 people who join the class action against the Company, each of whom will need to prove their own individual damages.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
