An Australian judge has ruled that Carnival Corporation be held accountable for not warning passengers of safety risks before Princess Cruises’ Ruby Princess embarked on her voyage in March 2020. Over 900 passengers contracted COVID-19 while on the ship which then resulted in 28 deaths.
The class action lawsuit was brought by claimant Susan Karpik, a retired nurse, who was traveling with her husband on Ruby Princess. The ship was sailing from Sydney to New Zealand at the start of the pandemic. Karpik did contract COVID-19, but Karpik’s husband not only caught the virus but also was hospitalized for two months, was put into a medically induced coma and was given days to live at one time.
Judge Agnus Stewart found Carnival’s Australian division “negligent and in breach of their duty of care.” Stewart awarded Karpik $4,423.48 Australian dollars plus interest to cover her medical expenses. This is just a fraction of the $360,000 Australian dollars for which she sued that included damages; however, this now sets a precedent for other passengers on this cruise, or other cruises where outbreaks occurred, to make claims.
Susan Karpik said, “I am pleased with this outcome as it brings a degree of comfort for all passengers who were worse off as a result of traveling on the Ruby Princess. It’s of course only a partial win as 28 lives were lost on this cruise. There are many individuals and families who will never recover from this loss.”
According to Shine Lawyers, this is the first class action win against a cruise ship operator in the world. The number of claimants to the class action suit could also rise if Australia’s High Court permits 700 American passengers to join in on the lawsuit.
Even though legal rules are very different between the two countries, this win in the Australian court could help set a precedent that could be used to sue in United States courts as well.