Carnival ruled negligent over cruise where 662 passengers got COVID-19 early in pandemic

CANBERRA, Australia (AP) — A cruise operator that failed to cancel a voyage from Sydney that led to a major COVID-19 outbreak was ruled negligent in its duty of care to passengers in an Australian class-action case Wednesday.

The Ruby Princess ocean liner left Sydney on March 8, 2020, with 2,671 passengers aboard for a 13-day cruise to New Zealand but returned in 11 days as Australia’s borders were closing. COVID-19 spread to 663 passengers and claimed 28 lives.

Passenger Susan Karpik was the lead plaintiff in the case against British-American cruise operator Carnival and its subsidiary Princess Cruises, the ship's owner.

Federal Court Justice Angus Stewart ruled that Carnival had been negligent as defined by Australian consumer law by allowing the cruise to depart in the early months of the pandemic. He said Carnival had a duty to take reasonable care of her health and safety in regard to COVID-19.

“I have found that before the embarkation of passengers on the Ruby Princess for the cruise in question, the respondents knew or ought to have known about the heightened risk of coronavirus infection on the vessel and its potentially lethal consequences and that their procedures for screening passengers and crew members for the virus were unlikely to screen out all infectious individuals,” Stewart said.

Carnival had already experienced outbreaks on its cruises in the previous month aboard the Grand Princess off California and the Diamond Princess off Japan, the judge said.

Carnival had failed to explain why it offered free cancellation for all cruises worldwide leaving from March 9 — the day after the Ruby Princess departed — and suspended all cruises on March 13, he said.

“To the respondents’ knowledge, to proceed with the cruise carried significant risk of a coronavirus...