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Carnival loses landmark Covid Class action case in Australia
In a landmark court ruling, Princess Cruises and parent Carnival Corp were found negligent for the infamous Covid affected cruise aboard Ruby Princess in Australia.
The trans-Tasman cruise on Ruby Princess infected over 600 guests and resulted in 28 deaths.
It is the first class action case proving cruise line liability over Covid infections.
The case was brought by lead plaintiff Susan Karpik, a passenger from the ill-fated cruise.
She sought damages for personal injuries, distress and disappointment .
In total, there were 663 positive Covid cases on the sailing which was cut short by two days to return to Australia as borders were closing.
Judge Angus Stewart ruled the cruise company knew of the heightened risk and was in breach of their duty of care to take reasonable steps to safeguard guests’ health.
“To proceed with the cruise carried a significant risk of a coronavirus outbreak, with possible disastrous consequences, yet they proceeded regardless,” the Judge said.
“To cancel the cruise would not have been unduly burdensome. A reasonable person in (the company’s) position would have cancelled the cruise.”
“The respondents were therefore negligent and in breach of their duty of care.”
Karpik was successful in a claim for out-of-pocket medical expenses and disappointment damages although Carnival had already refunded all passengers’ cost of the cruise.
“This is the first successful cruise ship class action in the world, so other companies will be paying attention to this case,” lawyer Vicky Antzoulatos said.
Antzoulatos urged Carnival to resolve all compensation claims without any further, drawn out litigation.
“We have seen the judgment and are considering it in detail. The pandemic was a difficult time and we understand how heartbreaking it was for those affected,” a Carnival Australia spokesperson said.
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Editor for TravelMole North America and Asia pacific regions. Ray is a highly experienced (15+ years) skilled journalist and editor predominantly in travel, hospitality and lifestyle working with a huge number of major market-leading brands. He has also cover in-depth news, interviews and features in general business, finance, tech and geopolitical issues for a select few major news outlets and publishers.
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