Global cruise company Carnival has lost a significant COVID-19 related class action lawsuit in Australia. The case alleged that Carnival demonstrated negligence in its duty of care to passengers during a cruise that resulted in a significant COVID-19 outbreak. Federal Court of Australia Justice Angus Stewart ruled in favor of the plaintiffs, affirming that Carnival and its subsidiary, Princess Cruises, misrepresented the safety of the cruise to potential passengers. Read the full report here.
The cruise in question departed from Sydney for a 13-day trip around New Zealand on March 8, 2020, a time when Australia was already preparing for the global coronavirus pandemic. Retiree Susan Karpik, one of the 2,671 passengers onboard, acted as the lead plaintiff in the class action lawsuit. The other plaintiffs were passengers who contracted the virus during the cruise, and family members of passengers who died or became critically ill after contracting the coronavirus during the journey.
Karpik reportedly experienced a mild case of COVID-19, while her husband was severely affected, spending close to two months in hospital. Despite enduring the significant trauma of her husband’s illness, Justice Stewart determined that Karpik’s non-economic losses were insufficient to warrant personal injury damages. She was awarded AU$2,821, plus interest for her medical expenses.
Counsel for the plaintiffs, Vicky Antzoulatos, shared that Justice Stewart’s decision regarding damages was specific to Karpik and might not apply to other passengers. Individual loss evaluations will be necessary for each passenger. The court is set to reconvene next month to determine if Justice Stewart’s findings should be applied across all other plaintiffs.
Justice Stewart pointed out that there had been an outbreak of acute respiratory infection on the Ruby Princess prior to the cruise at the center of the lawsuit. The judge found that Carnival “made misleading representations that it was reasonably safe for passengers to embark on the cruise” and also breached consumer law by failing to provide a service that was fit for its advertised and booked purpose.
An inquiry into the Ruby Princess in August 2020 revealed that of the 1,682 passengers from Australia on the cruise, 663 contracted the coronavirus. Tragically, this led to 28 deaths, 20 from Australia and eight from the U.S.
The spokesperson for Carnival Australia shared that the company is currently extensively reviewing the judgment.