Featured News 2014 Cruise Ship Sickness: Can Passengers Sue?

Cruise Ship Sickness: Can Passengers Sue?

Recently, headlines have been full of stories about cruise ship vacationers falling ill from norovirus on vessels travelling throughout the world. On a Royal Caribbean Cruise Ship last month, hundreds of people fell ill when the extremely contagious illness broke out on the ship. The gastrointestinal illness that plagued passengers is not life-threatening, but passengers and crewmembers have experienced violent vomiting and diarrhea as a result of the accident.

According to the Centers for Disease Control and Prevention, the norovirus hit more than 600 passengers when all was said and done. One passenger told CNN News that he suspects that as many as 1,000 people on board could have suffered from this devastating illness. This makes it the biggest norovirus outbreak on a cruise ship in the past 20 years.

Also, a Norwegian Cruise Line ship reports a similar experience when many passengers caught a similar illness, and Princess Cruises says that 178 passengers and 11 crew members on one of their ships suffered the same sickness. On this cruise line, Centers for Disease Control and Prevention staff members were aboard to sterilize the ship and prevent further spreading of the illness. This cruise ship also returned home from the charted course early, but claims that the reason for the early return was the forecast of dense fog at the Houston port that was its final location.

On the Royal Caribbean, the crew chose to return to land two days earlier than planned, saying that the new reports of illness were decreasing over the days as more and more individuals slowly recovered from the sickness. The crew aboard the ship attempted to clean thoroughly and use disinfectants to reduce the spread of germs. Most often, norovirus is spread through food and drinks that are in contact with a contagious person.

Thankfully, norovirus isn't serious. Most individuals will have the illness from one to three days and will recover without treatment. Others will need rehydration with liquids or possible intravenous fluids. The virus normally strikes when large amounts of people are confined to a small space. It is particularly prominent in nursing homes, dormitories, and on cruise ships. Still, the illness had the ability to ruin the cruise experience for hundreds of passengers on various ships throughout the ocean. Do these passengers have the right to sue after suffering so much pain, discomfort, and disappointment?

There is a law known as the Kermarec Rule, which demands that all cruise liners have the responsibility to prove reasonable care to their passengers. The real question in cruise ship illness outbreaks is this: did the cruise ship to everything possible to provide for those aboard the ship and prevent the spread of the disease? If the crew was negligent, then the passengers may have a legitimate case.

Doubtless, Royal Caribbean, Princess Cruises, and other cruise lines that experience a norovirus outbreak will be bracing for an onslaught of lawsuits that will come their way. Admittedly, it is somewhat typical for this virus to occur on cruise ships, and norovirus is also in its peak season at present. The cruise lines may face potential legal liability if investigators discover that there was a sub-standard hygiene protocol on the shops.

For example, if food or water was improperly handled, or bathrooms were not cleaned frequently, this may result in lawsuits. If the food was made by those that were already infected with the virus, or if pools weren't sterilized and closed, then these could be reasons for a lawsuit. Also, if plaintiffs can prove that the cruise ship crew members did not have a proper response to the outbreak, then they can also use this to file a lawsuit. The investigation into these incidents is still ongoing. If you have questions about lawsuits regarding norovirus outbreaks on cruise ships or in other locations, don't hesitate to call a local personal injury attorney to help you today!

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