Lawyers acting on behalf of hundreds of passengers taking action over the Ruby Princess COVID-19 outbreak claim Carnival PLC and Princess Cruises’ defence documents indicate the company could maintain passengers should share some of the blame for the tragic consequences.
The move could reduce compensation to passengers, Vicky Antzoulatos, Shine Lawyers’ Class Actions’ Practice Leader, told Cruise Passenger.
Shine has filed a class action on behalf of those who were onboard the March 8, 2020, sailing of the Ruby Princess out of Sydney. The case came to court last week after Carnival and Princess sought to block Americans from joining the action.
Ms Antzoulatos said the move was a common defence run by defendants in accident cases “but surprising given the circumstances of this case”.
More than 700 passengers were diagnosed with COVID-19 after leaving the ship and 28 deaths have been linked to the cruise. An inquiry later blamed NSW Health for lapses during the disembarkation process.
Court documents filed on 12 April 2021 and posted on Shine Lawyers’ website outline a variety of defence position for Carnival and Princess, including claims the risk that passengers might contract a contagious disease like COVID-19 from a fellow passenger was “obvious” to a reasonable person.
Carnival PLC told Cruise Passenger it would be wrong to suggest it was “blaming passengers” in its defence.
Said a statement: “Any suggestion of blaming passengers for what happened is a distortion of the position we have put to the Federal Court in response to the class action and the environment that prevailed in Australia in relation to COVID-19 at the time.
“Our defence denies that Princess Cruises breached its duty of care, taking into account community experience and what was known of COVID-19 in Australia at the time. In no way could this constitute blaming passengers and we reject that assertion.”
Defence documents mention a number of issues, including participating in activities and eating at the ship’s buffet. The document suggests: “Passengers failed to take reasonable care for their own safety by eating self-service food.
It goes on: “…Passengers failed to take reasonable care for their own safety by failing to wear a mask. And “…Passengers failed to take reasonable care for their own safety by participating in activities on the ship in close proximity to other people.” The defence also states that, “…the Passengers failed to take reasonable care for their own safety by going on the voyage.”
A 9 news report on the document quoted Jennifer Philips, 71, who along with her husband caught COVID-19, as saying there was “not an inkling of COVID” when they boarded the 11-day cruise.
“If we had known then we wouldn’t have taken the trip,” she said.
The class action is set to go to mediation on 26 August and has a trial scheduled for March 2022, in case there is no resolution. According to Shine, no offer of passenger compensation has been discussed by Carnival at this stage.
I was on this cruise. Embarkation was delayed by about 5 hours without a definitive explanation although it was rumoured that the ship was being thoroughly cleaned. Our temperatures were not taken as we boarded. There were no announcements regarding any heightened risk on board, however, hand sanitiser was everywhere where you eat and drink. The news from home was getting worse everyday so we kept to ourselves, away from crowds and activities. We ate at the restaurants as much as possible however, we were always seated with total strangers at each meal. The onboard entertainment encouraged crowds and the cinemas, pubs, staircases and shops were packed with people who were not warned to distance. We did not touch anything with our hands, we were worried. The cruise was not enjoyable, no one smiled or was friendly, people avoided each other, cleaners were everywhere wiping handrails and surfaces. They knew for sure that the virus was on the ship but did not make any announcements other than to let us know that ports ahead were refusing to allow us to dock. The cruise should have been cancelled. It would have been the responsible thing to do. They knew the virus was aboard and did not warn the passengers, not one single warning. It cost us 2 weeks income to isolate at home while we anxiously waited to see if we had been infected.
I agree I f passengers were honest it would not have been brought aboard sad outcome, hang in there Princess
As a partaker of cruises with Princess, Holland America, NCL, Azamara, Saga, P&O, Thomson and Celebrity I have observed many passengers not doing the right thing re hygiene practices.
Even when the cruise co provides ample opportunity to sanitise hands when boarding ship, entering a dining room, cinema, lounge etc. some people refuse to to do it.
It’s no wonder bugs spread when this happens.
I am not suggesting the Ruby Princess debacle was the fault of passengers but there are a minority of passengers on all cruises that cannot be trusted to do the right thing.
I have witnessed the efforts Princess go to to monitor hand sanitation to the point that they have staff at each entrance of the dining rooms ensuring passengers ‘washy washy’ before they enter and yet some people are still reluctant to comply.
I dare say it’s the same mentality that sees people refuse a vax or to get tested when they have covid symptoms. There’s no cure for stupid.
In relation to the Ruby Princess debacle . . . YES the passengers themselves could be held responsible for a lot of the problems. Passengers completely and they continue do not listen to the health warnings and do not do as told, they do not use hand sanitiser before going to the buffet and also do not wash their hands after visiting toilets. I have seen this happen with my own eyes. A lot of passengers have no regard for their fellow passengers.
I’m sure the cruise industry is really happy with that defence, i.e. if you take a cruise we are assuming you know that you can catch a fatal disease and die, so don’t sue us! The subtext being cruising can be fatal.
Nice approach, and I thought the warning on the back of a motor racing ticket was a bit over the top!
It was Carnival who continued keep the buffets open, activities scheduled, and chose to continue the cruise. The passengers social actions onboard, were a result of Carnival continuing to operate their programs and provide continued onboard services.
It’s fair to suggest the passengers were trusting the cruise line to implement safety measures, as such Carnival is at fault by not taking action, and thus, falsely presenting to guests that all is normal.