‘They failed in their duty of care’: Ruby Princess passengers, families launch class action
Passengers of the ill-fated Ruby Princess cruise have launched a class action against operators alleging they failed in their duty to keep passengers safe by allowing COVID-19 to spread on the ship.
NSW
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Passengers of the ill-fated Ruby Princess have launched a class action against cruise operators alleging they failed to prevent COVID-19 from spreading on the ship.
Shine Lawyers today filed a class action against Carnival Plc and Princess Cruise Lines Ltd, seeking compensation for passengers and families of those who fell ill and died.
The ship has been linked to more than 700 cases of COVID-19 and 22 deaths after 2,700 passengers were allowed to leave the ship despite pending virus test results.
The lawsuit alleges operators of the ship were negligent and failed in their duty of care to provide passengers with a safe cruise by allowing the virus to spread.
“We say the owner and operator knew of the risks that passengers may contract coronavirus before the ship left and they failed to take steps to ensure their passengers were safe and protected,” Class Action Practice Leader Vicky Antzoulatos said.
“People on board the ship trusted Carnival to do the right thing but they were not told about the risk of coronavirus and some paid the ultimate price for it.”
She said many passengers linked to the cruise “remain gravely ill, while others struggle daily with the grief of having lost a loved one or having to care for a very sick relative.”
Class action group member Graeme Lake, whose wife Karla died from coronavirus 10 days after returning home from the cruise, called on the operators to take responsibility.
“It broke me, it broke the kids, and she didn’t deserve it,” Mr Lake said.
“Karla went on that cruise to celebrate her 75th birthday and what happened to her has destroyed us.
“I am doing everything I can to get justice.”
He says the class action alleges that the cruise line failed to advise passengers of the risk of the virus spreading.
“They failed in their duty of care in telling us. Of the 2,500 passengers, none of us were told there was sickness on the ship. We walked around not knowing anyone was sick. We never had the option to self-isolate, we thought we were fine.”
Earlier this year, an inquiry into the vessel’s disembarkation heard the cruise had allowed passengers to disembark despite waiting for the results of 10 COVID-19 swabs. It heard more than 100 guests had presented to the ship’s medical centre with respiratory illness prior to the testing.
NSW Health authorities had conducted a risk assessment finding the vessel was “low risk” before disembarkation because 2.7 per cent of passengers had presented with respiratory illness but less than one per cent has influenza-like illness.The assessment gave the green-light for passengers to depart the cruise ship at Circular Quay on March 19.
All 2,700 passengers who travelled on the Ruby Princess are eligible to join the class action, as are relatives who have suffered a psychiatric injury as a result of the events that occurred.
The executers and administrators of deceased passengers’ estates are also eligible to participate in the class action.
The class action does not relate to people who became sick after the disembarkation of the ship.
A spokesman for Carnival Cruises said they have “the utmost respect” for guests and understand the worldwide impact of COVID-19 including on some of our guests, crew members and their families.
“The NSW Special Commission of Inquiry, in which we are participating, is in the process of establishing the facts in relation to Ruby Princess. It is not our intention to respond to the assertions of class action lawyers.”