Legally, these passengers weren’t considered to be in the “danger zone” — here’s why not.
Months after a cruise ship was forced to dock amid a coronavirus outbreak on board, some of the passengers allegedly traumatized by that experience will not find any safe harbor with the courts.
The decision by Klausner, who was appointed to the federal bench during George W. Bush’s administration, is one of the first to weigh in on whether people can assert emotional distress for exposure to the coronavirus if they don’t contract the virus, observers say.As lawsuits pile up for all sorts of problems related to the coronavirus outbreak, Republican lawmakers want to tie another round of financial stimulus to liability shields for businesses, health-care providers and schools.
Other passengers who also didn’t contract the virus sued Princess Cruise Lines over their fears of infection in more than 10 similar lawsuits. There were approximately 50 plaintiffs in those cases. Sickened passengers and the survivors for several deceased passengers also have pending lawsuits against Princess Cruise Lines.
Ahead of Klausner’s decision last week, Princess Cruise Lines’ attorneys said the cases weren’t just about one ill-fated voyage. “Plaintiffs’ claims threaten the ability of businesses to reopen and for the economy to resume,” lawyers said in court papers. That was an extreme argument, according to the passengers’ attorneys. But Klausner said he did not believe that fears of unlimited liability are overblown. “The risk of exposing individuals to COVID-19 is not unique to cruise ships — quite the contrary,” he said.
Passengers said they were at immediate risk of harm, but Princess Cruise said a 1997 Supreme Court decision about a worker’s asbestos exposure shut down the argument. The 1997 ruling said plaintiffs needed to allege they contracted a disease or showed symptoms before they could successfully sue.
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