The Royal Caribbean cruise company could face lawsuits overseas if its passengers who were caught up in the White Island volcanic eruption bought their island tour tickets outside of New Zealand, according to a legal expert.
The volcano was reported to have erupted around 2pm on Monday last week, spewing a plume of ash thousands of feet into the air. Of the 47 people on the island during the incident, 24 were Australians, nine were Americans, five were Kiwis, four were Germans, two were British, two were Chinese, and one was Malaysian – most being passengers of Royal Caribbean’s Ovation of the Seas cruise liner.
“I would bet you that at this very moment there are what we call contingency-fee lawyers, which means no-win no fee, looking for the families ... and they will sign them up for an action which is speculative,” Bill Hodge, honorary academic at the University of Auckland’s law faculty, told RNZ.
“Were they told this is the highest level of warning that the geological volcanic experts in New Zealand can give without it actually erupting? Were they told that? Yes they did put their signature on something, but if you’re not told the full story then you’re not giving informed consent.”
Retired personal injury lawyer Don Rennie, who once worked for Accident Compensation Corporation (ACC) reminded tourists affected by the eruption to contact their travel insurer.
“Check with them to see if any action can be taken in relation to advice they were given when they came to New Zealand about the injuries or dangers they may be exposed to and whether they should have particular insurance to cover that,” he said. “Are we more reckless or more negligent? I don’t know. But the argument certainly would be that you wouldn’t be taking Americans to the top of a volcano in California, because you couldn’t get insurance.”
