? Are Cruise Lines Opening Themselves Up to Covid-19 Lawsuits?

The cruise industry’s leading trade organization, Cruise Lines International Association, estimated that over 30 million people vacationed on cruises in 2019. As 2020 continues, that number will be significantly lower. Because coronavirus and the illness it causes, the cruise industry must rethink how passengers and crew interact with one another. Additionally, cruise lines must implement precautions throughout their fleet to mitigate the risk of infection. As passengers begin planning on resuming cruising as a vacation option, questions arise regarding the cruise line’s liability and responsibility for passengers who contract COVID-19. As cruise lines begin operations again, will they be facing personal injury lawsuits from sick passengers and maritime wrongful death claims from grieving family members?

Suing Cruise Lines for Coronavirus

First, it is important to note that suing cruise lines for injury and illness is generally difficult. Cruise lines enjoy many protections typical U.S. companies do not. Unlike the majority of businesses that operate in the United States, cruise lines are not subject to the same rules and regulations. For instance, cruise lines are not governed by the Occupational Safety and Health Act (OSHA) or the Americans with Disabilities Act (ADA).

The ticketing agreement every cruise passenger signs also affords cruise lines additional legal protections. The contractual provisions of the agreement will restrict where and how lawsuits can be filed, often limiting damages, limiting types of claims, and waiving the right of a class-action lawsuit.

However, many cruises have already faced lawsuits for their handling of the coronavirus in early 2020. For help suing a cruise company for coronavirus death or illness, contact a lawyer for coronavirus lawsuits against cruise ships.

Challenges Facing Passengers COVID-19 Lawsuits

Despite the focused scientific and medical attention devoted to COVID-19, much remains uncertain about the virus. While the scientific knowledge regarding the spread and prevention of the coronavirus continues to fill in the blanks, the lack of exact information continues to make holding cruise lines liable for infected passengers difficult.

Unfortunately, people can contract COVID-19 anywhere. This makes it challenging to prove that a passenger was infected while on board a ship and that the cruise ship’s management or crew was responsible. Every personal injury lawsuit places the burden on the plaintiff to demonstrate that the defendant’s negligent conduct or inaction was the cause of the injury. Establishing that a cruise line was liable for a passenger contracting a virus has many hurdles.

One hurdle passengers infected with COVID-19 face is that the incubation period could be longer than the length of the cruise. It is unlikely that an individual who recently contracted the coronavirus will show any symptoms while on board – and even if they caught the virus before arriving on the cruise ship, they might not show symptoms until after they leave. Therefore, gathering evidence to establish negligence and linking the infection to the cruise ship will not be an easy task.

However, passengers should be aware of many potential issues and warning signs while vacationing aboard a cruise ship. First, an observant passenger should take notice if other passengers or crew members are demonstrating or complaining about symptoms of the virus, such as coughing, shortness of breath, or loss of taste/smell. Additionally, take note of whether passengers or crew are being hospitalized or quarantined; cruise ships might not announce this kind of information to everyone on board.

Furthermore, it is crucial to be attentive to what precautions the crew is taking. For example, all the ship’s staterooms, public areas, and restrooms should be regularly and thoroughly cleaned. Passengers and crew should also have adequate access to hand sanitizer and other necessary personal protection equipment. If a cruise line failed to implement reasonable safety precautions, it could open itself to liability.

Allegations in Personal Injury and Wrongful Death Lawsuits Against Cruise Lines for Coronavirus

At this time, the first wave of personal injury and wrongful death lawsuits for coronavirus have been filed against several cruise lines. In one case, the plaintiffs alleged the cruise line purposefully concealed the fact that passengers on an earlier cruise exhibited symptoms of the coronavirus. Another lawsuit claimed that, despite being aware that a passenger was infected, large gatherings and parties continued aboard the ship without warnings or attempts to mitigate the spread of the infection. Still, another maritime wrongful death claim alleged that passengers were not notified when a crew member disembarked after testing positive for COVID-19.

The Future of COVID-19 Personal Injury and Wrongful Death Claims on Ships

There have been many lawsuits filed against cruise lines, and cruise ship injury lawyers across the country are prepared for more suits to follow. As the medical and scientific community continues to adapt to COVID-19, so should case law and legislation. As these personal injury and wrongful death claims come to trial or settlement, attorneys should gain additional tools and tactics to hold cruise lines liable for individuals cruise ship crew infected with the coronavirus. Cruise companies must be aware of the threat to their passengers by now, and failing to take steps to keep passengers safe could unleash the floodgates on new lawsuits as cruise companies return to their operations.