A court in Australia obliged her Carnivalthe world’s largest cruise line, to cover the medical expenses of a passenger who contracted coronavirus on one of its ships. This is a landmark class action decision regarding the “negligent” handling of the pandemic.
Judge Angus Stewart concluded that prior to the boarding of Carnival’s Ruby Princess cruise ship from Sydney in early March 2020, the company “knew or should have known about the increased risk of coronavirus infection on board and its potentially fatal consequences… but proceeded regardless».
The outbreak aboard the Ruby Princess was linked to 28 deaths and about 700 infections. Carnival was found to be “negligent and breached a duty of care” to Susan Karpik, the lead plaintiff in the case, for deciding not to cancel the cruise. “A reasonable person in Carnival’s position would have canceled the cruise,” the judge said, according to the Financial Times.
The decision is first class action victory against cruise operator worldwide, according to Shine Lawyers, the Brisbane-based law firm representing more than 1,000 Australian claimants. Carnival was also found to have “misleading statements,” that it was “safe” for cruise passengers and careful with its screening and hygiene protocols, according to the published summary.
The federal judge ordered Carnival to cover Karpik’s medical expenses of $4,423.48 plus interest, but concluded that the “non-economic loss” from the mild Covid-19 infection was not sufficient to require compensation. Karpik, a retired nurse, had sought more than $360,000 in damages for the suffering caused by her husband, Henry,’s two-month hospital stay after he also contracted the coronavirus while on board.
Other claimants in the suit, which is funded by UK-based litigation fund Balance Legal Capital, include other passengers, executors acting on behalf of passengers who died from the coronavirus and their close family members. About 2,651 passengers made the 12-day journeywhich sailed from Australia to New Zealand before returning.
31.5 million passengers are expected to cruise
This year, 31.5 million passengers worldwide will take a cruise, lifting demand above 2019 levels for the first time since the pandemic hit, according to forecasts from the International Cruise Line Association. Not only the pandemic tied up the fleets of all the major cruise linesbut the industry suffered significant damage to his reputationas scientists and health officials accused him of over-spreading.
The Ruby Princess it was for a long time the source of the largest spread of coronavirus in Australia, which closed its borders for much of the pandemic to contain the virus. A 2020 inquiry by the New South Wales government concluded that there were “inexcusable and inexplicable” mistakes that led to the dispersion.
Carnival Australia stated that “examines” the decision “in detail”adding: “The pandemic has been a difficult time in Australia’s history and we understand how heartbreaking it has been for those affected.”
THE Vicky Antzoulatosco-leader of the class actions, hailed the decision as a “victory” for Karpik and called on Carnival to “do the right thing and compensate all passengers instead of prolonging the matter with further litigation».
Source: News Beast
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