A couple who were among more than 3,500 passengers aboard a ship in which 21 people became infected with COVID-19 filed a federal complaint against the cruise line.
Ronald and Eva Weissberger sued Princess Cruise Lines on March 9 in the Central District of California, alleging the ship’s two-week quarantine in February 2020 was flawed and did not take the necessary precautions to prevent infections.
“Princess failed to inform plaintiffs that a crew member aboard their cruise actually disembarked in Hawaii as a result of coronavirus,” said Michael Simmrin, attorney for the Weissbergers. “If plaintiffs had knowledge of this actual risk of exposure prior to boarding, they would have never boarded the ship.”
One of the precautions is to allow adequate time for sanitizing and disinfecting the ship before additional passengers board at a new port, according to the International Cruise Victims (ICV), a nonprofit organization formed by family members of cruisers who have been assaulted, injured, disappeared or died on a ship.
“Given that the cruise line had knowledge of COVID-19 on the ship, it was especially egregious to allow this couple and others to board the ship in such a quick turnaround,” said Jamie Barnett, president of ICV. “It was a foreseeable risk and they had a duty to provide reasonable care.”
The Weissbergers further allege in their complaint that they are now at actual risk of immediate physical injury proximately caused by the defendant’s negligence.
“Defendant Princess chose to place profit over the safety of its passenger, crew and the general public in continuing to offer business as usual despite their knowledge of the actual risk of injury to plaintiffs who are elderly with underlying medical conditions,” wrote Weissberger’s counsel Simmrin in his opening brief.
Three days after the Weissberger’s lawsuit was filed, the cruise line announced a 60-day voluntary pause of global operations until May 10.
“It is widely known that we have been managing the implications of COVID-19 on two continents,” said Jan Swartz, president of Princess Cruises. “By taking this bold action of voluntarily pausing the operations of our ships, it is our intention to reassure our loyal guests, team members and global stakeholders of our commitment to the health, safety and well-being of all who sail with us.”
The plaintiffs are suing for negligence, gross negligence and are seeking more than $1 million in damages but a cruise line trade group says cruise ships are doing the best they can to adapt to the new normal that COVID-19 has ushered into everyone’s lives.
“The entire cruise industry has worked collectively and tirelessly throughout this public health crisis to do what is right, operating always under the principle of putting people first,” said a spokesperson for Cruise Lines International Association (CLIA). “We are doing our best, along with the rest of the world, with the cards we’ve been dealt.”
For example, Holland America's Zaandam cruise ship is still at sea with its passengers, waiting for permission to disembark in Florida.
“We are still finalizing the details for where and when our guests will disembark and are asking for the same compassion and humanity to be extended for our arrival,” stated Holland American cruise line on its website.
The Zaandam cruise was originally scheduled to end in Fort Lauderdale, Florida, on April 7. Currently, 73 guests and 116 crew members on Zaandam have reported influenza-like illness symptoms.
But Gov. Ron DeSantis is reportedly concerned about plans to dock in Fort Lauderdale.
So far, two people have tested positive for COVID-19, four have died aboard the ship and others have been self-isolating in their rooms since March 22, according to media reports.
“I have just been sickened by the lack of attention being paid to the callous disregard and the egregious lack of responsibility the cruise lines are taking for health and safety of their passengers and beyond,” said Barnett whose 25-year-old daughter Lila Ashley Barnett died on a cruise in 2005. “There are other ships out there even now unable to dock with passengers running out of medications, sick crew members being taken one at a time practically off the ship in the dead of night but the industry still maintains they put passenger safety first even as they continue to sail on with business as usual.”