Whakaari/White Island victims suing Royal Caribbean in Australia

Tuesday, 28 April 2020

People gathered at Pilot Bay and around Mount Maunganui to farewell the cruise liner Ovation of the Seas as she left port.

The Royal Caribbean cruise line is facing legal action over the Whakaari/White Island volcanic eruption, which left some of its passengers dead.

A family group of an Australian victim, who died in the attack, is suing the cruise operator, lawyer Rita Yousef said.

Yousef, who works for lawfirm Stacks Goudkamp, said other claimants are likely to be confirmed in the next few days.

The company could face legal action for alleged negligence, breach of contract and breach of Australian consumer law, she said.

**READ MORE:

Thirty-eight passengers from the Ovation of the Seas cruise ship were on the island for a tour when the volcano erupted dramatically on December 9, 2019.

* Whakaari/White Island eruption: Cruise 'excitement turned into horror'

* Whakaari/White Island eruption: Volcano cruise labelled a 'prison ship'

* Whakaari/White Island eruption: Royal Caribbean 'exceedingly reckless' sending passengers**

Thirty-eight passengers from the Ovation of the Seas cruise ship were on the island for a tour when the volcano erupted dramatically on December 9, 2019.

Whakaari/White Island erupted dramatically on December 9, 2019.

Nineteen of the 21 dead were from the cruise ship.

Yousef told Stuff the White Island eruption was a 'horrendous' situation.

'I believe Royal Caribbean was negligent.

'It starts off with Royal Caribbean having held themselves responsible for the tour, even if there were third parties involved, in the mind of their customers they were responsible.

'They advertised the tour in brochures and other materials, they sold the tickets to the tour, they had their own staff on the tour.'

The Ovation of the Seas leaves Tauranga Harbour after its passengers were caught up in the deadly eruption on Whakaari/White Island (FILE).

Yousef said a selling point of cruise holidays was that a lot of organisation around the activities was done by the cruise company for the passenger.

'That makes Royal Caribbean all the more responsible in terms of making sure that even if they are using a third party that it is reputable and safe and conducting services in a safe manner.

'They failed to warn people about the risk, they failed to have safety mechanisms in place, they even failed to tell people to wear protective gear.'

Yousef said Royal Caribbean allegedly supplied passengers with its own brochure for the White Island tour which contained minimal safety information - requirements were to wear enclosed shoes, consider fitness levels for the hike, and to advise passengers the tour was not wheelchair safe.

Given the risk of eruption, Royal Caribbean should have thoroughly checked the safety procedures on the island, Yousef said.

A statement provided by Royal Caribbean did not directly address the legal action but said since the eruption the company has 'focused on providing care and support to passengers, their families and crew that were impacted by this event'.

A spokesperson went on to say that they were fully co-operating with two separate investigations in New Zealand that were looking into the details of the tour.

'We are unable to provide further details at this time.'

In New Zealand, victims of the Whakaari/White Island eruption receive compensation as part of the ACC scheme. Overseas tourists affected by the incident have been eligible for some financial assistance as well.