Carnival Corp’s Australian unit has been ordered to pay the medical expenses of a woman who contracted COVID-19, following a landmark class action ruling. The decision by Australia’s Federal Court marks the first class action win against a cruise ship operator in the world. The ruling stated that Carnival Australia had misled passengers about the safety measures in place to prevent the spread of the virus.
The lawsuit, represented by Shine Lawyers on behalf of approximately 1,000 plaintiffs, accused Carnival Australia of downplaying the safety risks and failing to cancel the March 2020 return voyage from Sydney to New Zealand. Justice Angus Stewart found merit in these claims, concluding that the cruise operator should have taken more precautions to protect its passengers.
Lead plaintiff Susan Karpik was awarded A$4,423.48 ($2,826) to cover her out-of-pocket medical expenses, but no damages were granted. The court will now assess the common claims of the remaining parties involved in the class action.
While Karpik expressed gratitude for the partial win, she also acknowledged the tragic loss of 28 lives during the cruise. She stated, There are many individuals and families who will never recover from this loss.
Karpik and her husband Henry were both passengers on the Ruby Princess, which had temporarily become Australia’s biggest single source of COVID infections. More than 2,600 passengers, many of whom were unwell, were permitted to disembark the ship, unknowingly contributing to the spread of the virus across the country and internationally.
Carnival Australia issued a statement indicating that it is carefully reviewing the judgment. The Ruby Princess outbreak resulted in approximately 900 cases and 28 deaths. A public inquiry conducted in 2020 criticized New South Wales state health officials for making inexcusable mistakes in allowing passengers to disembark.
The recent ruling against Carnival Australia sets a significant precedent for future class action lawsuits against cruise ship operators. The judgment not only holds the company accountable for the medical expenses incurred by passengers who contracted COVID-19 but also highlights the importance of transparency and passenger safety in the cruise industry.
As the courts continue to navigate the remaining claims of the class action, the outcome of this landmark ruling will likely have far-reaching implications for the global cruise industry.
