Claims against cruise ships registered in the United States
Injured persons and families of deceased persons in cruise ship accident receive substantially higher compensation payouts with claims brought in the United States.
Whakaari / White Island Volcanic Eruption in New Zealand on 9 December 2019
The White Island volcanic eruption tragically claimed the lives of 22 people, several of whom were passengers on the Royal Caribbean cruise ship, Ovation of the Seas.
Stacks Goudkamp acted for a number of the severely injured passengers, as well as family members of those who tragically did not survive the eruption on White Island
These family members were not on the Island when the volcano erupted. Some were on the cruise ship, whilst others were in Australia. They have all experienced severe trauma because of what happened to their loved ones.
Their compensation claims for their loss were brought in Miami, Florida, in the USA rather than in Australia for the following reasons:
- U.S. Registration of the Cruise Ship: The cruise ship on which they were passengers was registered in the United States.
- U.S. Compensation Laws: Under U.S. compensation laws, the relatives of persons killed by the volcanic eruption are entitled to significant monetary compensation, even if they were not financially dependent on those who died.
- Substantial Compensation Awards: Compensation awards for wrongful death in the U.S. can be substantial.
- Limited Compensation Under Australian Law: Under Australian law, there is no compensation payable to family members for wrongful death unless they were financially and/or personally dependent on the deceased person or have suffered psychiatric harm from the nervous shock of losing a loved one. Even then, the monetary amounts of the awards are minuscule compared to what loved ones can expect to be awarded by U.S. juries. (In Australia, compensation cases are mostly decided by judges, not juries.)
The cruise ship operator’s lawyers in the USA fought hard to have our clients’ U.S. claims thrown out and forced back to Australia for obvious reasons, i.e., to save the company a significant amount of money.
However, the Federal Court of Australia decided that the court proceedings in the U.S. could continue, despite the fact that the booking terms and conditions of the cruise ship and contractual obligations required that any compensation claims must be brought in New South Wales.
Our clients’ claims have recently been settled in Miami for significantly more than would have been the case if their claims were brought and decided in NSW.
Why Stacks Goudkamp Are the Leading Lawyers in Cruise Ship Injury Claims
At Stacks Goudkamp, we have a proven track record of successfully handling complex cruise ship injury claims, both domestically and internationally. Our team of expert cruise ship injury lawyers has in-depth knowledge of maritime law, and a deep understanding of the nuances involved in cruise ship accident cases. We are committed to ensuring that our clients receive the maximum compensation they are entitled to, no matter how challenging the circumstances. Our experience in navigating the legal intricacies of U.S. and international jurisdictions sets us apart, allowing us to achieve substantial settlements for our clients that far exceed what is possible under Australian law.
