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Ruby Princess COVID-19 Outbreak Class Action Lawsuit Overview:
- Who: Cruise ship passengers from the United States, United Kingdom, and Australia filed a class action lawsuit against Carnival plc and Princess Cruise Lines Ltd.
- Why: Plaintiffs allege Carnival and Princess failed in its duty of care by allowing the cruise to depart and failed to adequately protect its passengers from COVID-19.
- Where: The class action lawsuit is being heard in Australia Federal Court.
International passengers who were stuck onboard the Ruby Princess cruise ship during a COVID-19 outbreak will be allowed to join a class action lawsuit filed in regard to the incident, a federal judge in Australia ruled last week.
Passengers from the United States and United Kingdom will be allowed to join a class action lawsuit lobbied against the vessels time charterer, Carnival plc, and its owner and operator, Princess Cruise Lines Ltd, reports Cruise Passenger.
A total of 28 passengers reportedly died after disembarking the Ruby Princess – which departed from Sydney in March 2020 – following an outbreak of COVID-19 that was eventually linked to 900 infections, according to the class action lawsuit.
Carnival and Princess Cruise Lines ‘Failed in Their Duties of Care,’ According to the Lawsuit
Plaintiff Susan Karpik alleges that Carnival and Princess failed in their duties of care by allowing the cruise to depart and did not adequately protect passengers from the risks of contracting COVID-19.
Karpik further claims Carnival and Princess were misleading, deceptive, and breached guarantees with consumers established under Australian Consumer Law.
A preliminary application was filed – and subsequently rejected by Justice Angus Stewart – by Carnival and Princess in an attempt to stop the “sub group” of international passengers from joining the class action lawsuit.
Justice Stewart ruled it was too early in the proceedings to try and determine what law would be applicable to negligence claims filed by the US and UK subgroups.
Carnival and Princess initially argued that the Class should be limited to passengers who bought tickets under the terms of conditions of Australia or New Zealand, reports The New Zealand Herald.
Carnival and Princess allege that, of a total of 2,651 passengers onboard the Ruby Princess, 696 contracted their passage on terms and conditions from the US, while 159 contracted their trip on terms and conditions from the UK. The respondents allege that all remaining passengers were under contract with terms and conditions from Australia, reports Cruise Passenger.
Justice Stewart said a stay on the overseas passengers would fracture the litigation of stayed claims in the US that were essentially the same as those being brought to the Federal Court.
The case is set to return to Federal Court on Sept. 17.
Were you a passenger on the Ruby Princess during the cruise ships COVID-19 outbreak? Let us know in the comments!
The plaintiffs are represented by the Shine Lawyers Class Action Team.
The Ruby Princess Class Action Lawsuit is Susan Karpik v. Carnival plc. Case No. ARBN 107 998 443 / ABN 23107998443 in New South Whales Registry – Federal Court of Australia.
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