Cruise ship passengers affected by the White Island/Whakaari eruption could be entitled to millions of dollars in damages under United States maritime law, a Miami-based lawyer says.
Of the 47 people that were on or near White Island/Whakaari when it erupted on December 9, 38 were from the ocean liner Ovation of the Seas operated by global cruise ship company Royal Caribbean.
The eruption killed 16 people, with two people still missing, and left nearly 29 people injured, many of whom remain in critical condition.
Police said of the 47 people on the island when it erupted 24 were from Australia, two from China, four from Germany, one from Malaysia, five from New Zealand, two from the UK and nine from the US.
Jim Walker from Walker and O’Neill Maritime Lawyers in Miami said cruise ship passengers affected by the eruption were, under US maritime law, entitled to a full range of damages such as pain and suffering, grief and bereavement, lost wages, disfigurement and medical expenses.
Jim Walker from Walker and O’Neill Maritime Lawyers in Miami said cruise ship passengers affected by the eruption were, under US maritime law, entitled to a full range of damages such as pain and suffering, grief and bereavement, lost wages, disfigurement and medical expenses.
Walker said there appeared to be no written warning from Royal Caribbean to passengers that the excursion to White Island/Whakaari could cause injury or death or that the island was experiencing heightened volcanic activity.
“Sending families without a warning into the crater with virtually no way to flee when it was more likely than normal for the volcano to erupt is exceedingly reckless.”
The volcanic alert level for White Island/Whakaari was raised from one to two not long before the eruption and on December 3 GNS said moderate volcanic unrest continued on the island and data suggested that the volcano may be entering a period where eruptive activity was more likely than normal.
Volcanic alert level two is mostly associated with unrest hazards on the volcano and could include eruptions of steam, gas, mud and rocks.
“These eruptions can occur with little or no warning,” GNS said.
Royal Caribbean would not comment on whether it gave passengers written warning.
Royal Caribbean has removed the White Island/Whakaari shore excursion page from its website but a cached version shows that it did not include any warnings about potential hazards on what it dubbed “one of the most active volcanoes in the world”. It charged adults US$324 (NZ$491) each for the seven-hour tour.
“Get close to the drama: Gas masks help you get near roaring steam vents, bubbling pits of mud, hot volcanic streams and the amazing lake of steaming acid,” the site said.
Royal Caribbean would not say what companies it used for the on shore excursions. In the third to last sentence of its shore excursions brochure for New Zealand and Australia it said it had “no responsibility for the performance of the shore excursions herein specified”.
Ngāti Awa-owned business White Island Tours operates boat trips to White Island/Whakaari and has an exclusive landing licence for the island, which is owned by the Buttle family.
Police will investigate the deaths at Whakaari/White Island on behalf of the coroner. The investigation will be supported by WorkSafe which will also run a health and safety investigation into the disaster.
Walker said under general maritime law a cruise line was legally required to warn its passengers of dangers in foreign ports of call which it knows or should know about.
“It’s just outrageous for the cruise line to send anyone into an active volcano.”
Royal Caribbean also had a legal duty to conduct thorough background checks into the safety record of tour operators it uses for its excursions, he said.
“It is legally required under US maritime law to vet the individuals and companies who/which provide excursions in each port of call,” Walker said.
Royal Caribbean is the world’s largest cruise company, and posted a 2018 revenue of nearly US$10 billion and booked US$1.8b in profit.
Walker said in 2017 its sister company Celebrity Cruises was successfully sued in Miami for injuries to its guests in New Zealand who were involved in a tour bus accident in the South Island.
The injured guests filed suit against Celebrity Cruises for its alleged negligence/failure to warn and its vicarious liability for the excursion tour operator, seeking a full range of damages, he said.
The case settled within a year, he said.
Source: Stuff
Featured Image: Police commissioner Mike Bush confirms that the search for two bodies continues, and six have been recovered.
