Explainer-Could cruise ship passengers sue over the hantavirus outbreak?

By Jack Queen

NEW YORK, May 13 (Reuters) – Passengers on a cruise ship hit by a deadly hantavirus outbreak have limited legal recourse, though the ship’s operator could still be liable if it behaved recklessly. 

Here is a look at the legal outlook for passengers on the MV Hondius, the last of whom disembarked on Monday after a long ordeal at sea. 

WHAT DO WE KNOW ABOUT THE OUTBREAK?

The MV Hondius, a Dutch-flagged polar expedition cruise ship operated by Oceanwide Expeditions, was carrying nearly 150 passengers and crew near Antarctica when it reported a cluster of severe respiratory illnesses to global health authorities on May 3. 

The outbreak was confirmed as hantavirus after it was detected in a passenger who disembarked in late April and was treated in South Africa. The hantavirus spreads via contact with rats and mice, but the strain found on the ship can spread from human to human. 

Health officials are investigating how the virus got on board. 

Three people have died since the ​start of the outbreak as of Tuesday. The World Health Organization said on Monday there were now nine reported cases. 

WHAT LEGAL RIGHTS DO PASSENGERS HAVE?

A general “terms and conditions” page on Oceanwide’s website says the company cannot be held liable for anything from illness and death to lost luggage and robbery.

But Oceanwide’s sweeping waiver terms might not hold up in court if passengers show the company was grossly negligent, according to Dutch legal experts. 

The terms and conditions stipulate that any lawsuit must be brought in the Netherlands.

There have been no reports of passengers suing or saying they will sue. 

Gross negligence and recklessness are hard to prove under Dutch law and would require evidence that Oceanwide knew something was dangerous but did it anyway, legal experts said. 

Examples could include ignoring warnings or instructions from health authorities and failing to follow basic infection-control protocols while knowing this would put patients in harm’s way, according to legal experts. 

There are no reports of the MV Hondius crew engaging in misconduct and some passengers have publicly praised them for how they handled the situation. 

An Oceanwide spokesperson did not respond to a request for comment.

WHAT COUNTRY’S LAW WOULD APPLY? 

The terms and conditions identify the District Court of Middelburg in the Netherlands as the exclusive jurisdiction for filing lawsuits.

Courts in the U.S. and elsewhere generally honor these “forum clauses” and would likely dismiss cases brought elsewhere, experts said. 

Passengers could argue that Oceanwide’s blanket liability waivers are unreasonable and unenforceable under European Union consumer protection laws, Dutch legal experts said.

Passengers also could argue that Oceanwide’s sweeping terms run afoul of an EU law governing contract fairness for consumers, which deems terms unenforceable if they shift the playing field too far in a company’s favor.

WHAT RIGHTS DO NON-PASSENGERS HAVE?

Relatives of deceased passengers could file lawsuits, but Oceanwide would likely argue that the ticket terms still apply to claims stemming from the voyage and invoke exclusive Dutch jurisdiction. 

In Dutch court, families could argue they did not waive their own wrongful death rights and seek to convince a court that Oceanwide’s terms were unfair and unreasonable. However, they would still face the difficult burden of proving gross negligence or recklessness. 

IS THERE ANY LEGAL PRECEDENT? 

There is limited Dutch legal precedent for passengers suing cruise ships, legal experts said.

Cruise lines faced passenger lawsuits in the U.S. over COVID-19 exposure, but many were dismissed because plaintiffs couldn’t show how cruise operators were directly responsible for their illnesses.

Unlike major cruise companies like Carnival, Oceanwide does not appear to have U.S. connections that could establish jurisdiction there. 

(Reporting by Jack Queen in New York; Editing by Noeleen Walder and Rod Nickel)