The Federal Court of Australia has cleared the way for victims of the White Island Volcano to sue in Florida, despite every effort by Royal Caribbean Cruises to force them to sue in New South Wales.
The case is a fascinating insight into the devil that lurks in the fine print of a cruise line's terms and conditions
The victim's stories are as sad as can be - Paul, Stephanie and Krystal Browitt suffered horrific injuries from the molten ash and rock that spewed from the erupting volcano. Krystal died that day from her injuries. Paul died from his injuries in hospital a month later. Stephanie suffered third-degree burns to more than 70% of her body and remained in a coma for over two weeks.
Stephanie and Krystal’s mother, Paul’s wife, Maria (Marie) Browitt, was not part of the tour party to the island. She had stayed on board the cruise liner, Ovation of the Seas. Marie has suffered unbearable loss and psychological injury. She is now Stephanie’s full-time carer.
Marie and Stephanie, who are from Melbourne, want to sue the cruise liner in Florida, because the Florida Courts award higher damages than the Courts of New South Wales, have a jury assess damages and have pre-trial discovery.
Royal Caribbean wanted the claims to be heard in New South Wales, where the damages awards are lower, relying on the ‘exclusive jurisdiction’ clause in the fine print which specified that all claims be heard by a court in New South Wales.
To find out why Royal Caribbean failed, click: