Ruby Princess operator negligent for COVID-19 cruise

afr.com:

A cruise liner that went ahead with a voyage that led to a major COVID-19 outbreak was negligent in its duty of care to passengers, the Federal Court has found.

But a passenger who sought to claim damages for personal injuries and distress as a result of contracting the illness on board has been unsuccessful.

Susan Karpik, a passenger on board the ill-fated Ruby Princess cruise that left 28 people dead from COVID-19 in the early days of the pandemic, was the lead plaintiff in a class action against Australian charter company Carnival.

Justice Angus Stewart said that “to proceed with the cruise carried a significant risk of a coronavirus outbreak, with possible disastrous consequences, yet they proceeded regardless.” Janie Barrett

Carnival trades under the Princess Cruises name and is the operator of the Ruby Princess, a Bermuda-registered vessel.

Ms Karpik sought damages for personal injuries, distress and disappointment to the value of more than $360,000.

Her individual claim revolved around the stress and disappointment caused by the illness of her husband Henry, who had to be placed in a four-week induced coma after contracting the virus, and his ongoing care.

In total, 663 positive cases were reported among the 2641 passengers, including 1679 Australians. Twenty-eight people died during the outbreak.

The Ruby Princess sailed from Sydney for New Zealand on a 13-day round trip, but returned 11 days later when Australia’s borders were shut in the early days of the pandemic in March 2020.

Justice Angus Stewart found the cruise company knew or ought to have known about the heightened risk of COVID-19 infection on the vessel.

“To proceed with the cruise carried a significant risk of a coronavirus outbreak, with possible