Class action against Ruby Princess cruise ship operator alleges lives were put at risk to save revenue
The legal action against the operators of the Ruby Princess cruise ship has grown to more than 900 people – with the group’s lawsuit claiming the companies endangered lives to protect their revenue.
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The operators of the ill-fated Ruby Princess decided corporate profits were more important than passenger safety after ignoring “extreme dangers” posed by coronavirus, a lawsuit alleges.
More than 900 passengers, or their relatives, have joined a Federal Court class action against Bermuda-based Carnival Plc and Australian subsidiary Princess Cruise Lines Ltd.
The group, from across Australia, including SA, Britain and America are suing the businesses for undisclosed aggravated and exemplary damages, alleging the operators were negligent, broke Australian laws, as well as engaged in misleading conduct.
Despite known outbreaks in at least two of their ships weeks before, court documents accuse company officials of ignoring “extreme dangers” to allow 2700 passengers, and 1100 crew, to board on March 8.
Having refused to apologise, executives wanted to protect company revenues on a cruise that “should never have departed”, according to a statement of claim filed with the court last week.
But after passengers were allowed to disembark into the community – rather than quarantine – when the trip was cut short on March 19, more than 700 patients eventually fell ill and 28 people died, including two South Australians, Roger Leaney, 74, and Linda Lavender, 62.
Almost 40 per cent of Australian passengers – the majority of whom were aged over 60 – contracted COVID-19, it alleges.
“(The companies) each had knowledge of an extreme danger, being a real danger of death or serious injury to any passenger who boarded the Ruby Princess,” the 87-page claim alleges.
“But nevertheless, (they) allowed passengers to board, and then in fact took steps to exacerbate the danger to their passengers by encouraging and in musters requiring crowding or
bunching of (people).
“For this voyage … each of the (operators) decided to put corporate profits ahead of the safety and wellbeing of their passengers.”
Passengers were emailed two days before boarding claiming anyone cancelling after March 9 would get a full refund but there was no mention of the virus, the lawsuit alleges.
But as growing numbers of people on-board felt unwell – or displayed COVID symptoms – travellers were allowed to gather, dine at buffets, share nut bowls or communal seating.
The cruise was not cancelled despite the World Health Organisation declaring a pandemic three days in while officials ignored global, national, local, and company protocols, court documents allege.
There were also inadequate medical supplies on board, it is claimed in the documents.
The documents assert that at one point, senior company officials exchanged text messages suggesting “Ruby Numbers are going berserk”, which is claimed to mean the numbers of illnesses with symptoms consistent with coronavirus were “spiralling out of control”.
Despite the ship being placed on “red alert”, a month after the Diamond Princess outbreak in Japan a month before, and the Grand Princess cluster a few days prior in the United States, passengers received no warnings.
“It is even more reprehensible that they continued to keep amenities such as bars and the nightclub open as they knew – at the highest levels of management – that the numbers of ‘suspect cases’ were going ‘berserk’ – or at any time they had ‘suspect cases,” the claims alleges.
“If they shut down some of the amenities while the numbers were going ‘berserk’ they might have lost revenue.
“While the (operators) were continuing to make money from those on the ship, the executive management did nothing to slow the numbers of ‘suspect cases’ rising.”
The stricken cruise sparked SA Health’s biggest cluster of 89 cases.
There are 63 SA passengers who are part of the global lawsuit, launched by Shine Lawyers.
The company has yet to file a defence.
A company spokesman declined to comment on Monday night.
A first administrative hearing is set for Wednesday.