First of its kind: negligence action filed against cruise ship due to spread of novel coronavirus

A couple filed a lawsuit against Princess Cruise Lines Ltd. on Monday, March 9, 2020, alleging that the cruise line failed to take reasonable precautions to prevent the spread of the novel coronavirus (Covid-19) to passengers and crew members while onboard. It was the first of its kind when filed. 

The complaint alleges that Princess allowed two passengers it knew were symptomatic on the ship’s previous voyage to disembark when it docked in Oakland. Princess then permitted a new group of passengers to board later that day; after embarking, the ship then began its voyage to Hawaii as planned. The cruise line confirmed 21 people tested positive for Covid-19 while onboard, exposing the new group of passengers to the virus.

The incident alleged in the complaint came just weeks after the Princess Diamond ship was quarantined off the coast of Japan for two weeks when the novel coronavirus spread from 10 cases to 700. The complaint contends that Princess should have used the lessons it learned from that outbreak to implement more stringent precautions to prevent the spread of the virus on subsequent voyages.

It failed in that regard, according to the complaint. Instead, the plaintiffs argue that the cruise line valued profits over the health and safety of its passengers and the broader public. Such a judgment call does not comport with the level of precaution expected from a reasonable, prudent person who already knew of the danger existing on the ship. As such, it exposes Princess to negligence for damages proximately resulting from its failure to take such precautions.

As the novel coronavirus continues to spread nationwide, the definition of what constitutes a reasonable, prudent person will evolve with it. That is especially so when another has superior knowledge about the danger and fails to take corresponding action. A failure to take adequate precautions commensurate with the times can expose individuals, employers, and businesses to negligence should their lack of caution expose another to infection.

The law must be a refuge for those harmed and to hold others accountable for negligent disregarding a known risk to another’s health and safety.