The world’s largest cruise company takes legal action to prevent White Island victims from suing them in a US court.

The world’s largest cruise company, Royal Caribbean, has launched a legal offer in Australia to prevent victims of the White Island eruption from suing them in US courts.

Litigation was started in Miami, where Royal Caribbean is based, by the American couple Ivy and Paul Reed, who suffered severe burns in the eruption of December 9, 2019, and the Australians Marie and Stephanie Browitt, whose relatives died.

The Guardian has reported that the Reeds and Browitts have accused Royal Caribbean of breaching its security obligations by allowing cruise ship passengers to take a day trip to the White Island despite warnings that the volcano could enter eruption.

However, last week, Royal Caribbean applied to the Australian federal court for a ruling that would prevent the White Island victims from proceeding with their lawsuits in the United States.

In it, Royal Caribbean states that a clause in the contract for the ticket for the trip to White Island means that only the courts of New South Wales can hear disputes over the December 9, 2019 disaster.

On November 30, WorkSafe New Zealand CEO Phil Parkes confirmed that charges had been brought against 13 parties in connection with the eruption.

Marie Browitt’s husband, Paul, and their daughter, Krystal, were among the 22 people killed on White Island.

The Browitts filed their claim in the Florida state court system stating:

“Stephanie Browitt was seriously injured, sustained injuries that will last a lifetime, and both Marie and Stephanie Browitt suffered severe emotional distress, mental anguish, physical pain, loss of enjoyment of life, post-traumatic stress disorder, and other mental and / or nervous disorders. disorders “.

The Browits also claim that White Island was approaching a level 3 volcanic activity threat in the weeks leading up to the December 9 eruption. The volcano had been upgraded to level 2 in the previous weeks, which is the highest before an eruption.

“The sale of tickets to the island was scandalous behavior, and nothing less than selling a ticket to play Russian roulette,” allege the Browits.
“This conduct was indecently arrogant, beyond the bounds of decency, and so reckless that it should not be tolerated in civilized society.”
A separate Reeds lawsuit has been started in US federal court.

In their case, the Maryland couple say the rash caused ongoing mental trauma that impaired their ability to work and “severe and life-threatening burns to large portions of their bodies, permanent and disfiguring scars, reduced use of their limbs and limbs.” .

In the Browitt and Reeds lawsuits, both filed earlier this month, they alleged that Royal Caribbean should have been aware of the danger of an eruption and avoided the trip to White Island.

But Royal Caribbean has filed a lawsuit in the Australian federal court in response to a request that the court make an order preventing the families from moving forward with their cases in the United States.

Royal Caribbean states that any legal action is limited to the courts of New South Wales according to the terms and conditions of the tickets.

The Browitts’ Australian lawyer, Peter Gordon of Gordon Legal, told Guardian Australia that the family “did not get a contract that said anything about where the lawsuits should be litigated.”

A Royal Caribbean spokesperson said they do not comment on the pending investigations but “our thoughts are with all those affected by this tragedy.”