Royal Caribbean files legal action against White Island volcano victims in US

Tourists on a boat look at the eruption of the volcano on White Island, New Zealand.

Credit: AP

Royal Caribbean, the world’s largest cruise company, is trying to prevent victims of the 2019 New Zealand volcanic eruption from suing in the US.

Passengers from the Royal Caribbean ship Ovation of the Seas took a trip to White Island, a popular tourist site, last December, when a volcano suddenly erupted, killing 27 visitors and injuring 25 more.

Ivy and Paul Reed, from the US state of Maryland, who suffered burns as a result of the eruption, and Australians Marie and Stephanie Browitt, who lost family members because of the eruption, filed separate lawsuits against Royal Caribbean claiming that the cruise line did not properly explain the dangers of visiting White Island.

Peter Gordon, a lawyer for the Browitt family, told the Australian Broadcasting Company that Royal Caribbean should have known that the volcano could erupt before allowing its passengers to visit White Island.

Krystal Browitt, 21, from Melbourne, Australia, was killed eruption. Forty-seven people were on the privately owned White Island, or Whakaari, at the time

Credit: Universal News And Sport (Europe) 

However, the Royal Caribbean Cruises this week applied to the Australian Federal Court to seek a ruling to block the lawsuits.

"There were a number of geological and scientific organisations that were ringing alarm bells about volcanic activity on the island," Mr Gordon said.

He alleges Royal Caribbean either knew or ought to have known that the volcano was dangerous but went ahead and sold tickets to the day trip anyway in order to maximise its profit.

"The wrongdoing is that Royal Caribbean had an insight into the warnings and an obligation to keep its passengers out of harm’s way," he added.

The suit filed by the Browitts in Florida alleges that they suffered "severe emotional distress, mental anguish, physical pain, loss of enjoyment of life, post-traumatic stress and other mental disorders.

Marie Browitt’s daughter, Krystal Eve Browitt, 21, was the first victim of the volcanic eruption formally named by New Zealand Police.

She was on the island with her father Paul, who later died of his injuries, and sister Stephanie, who was seriously injured.

The Browitts contend that Royal Caribbean’s decision to allow visitors to visit White Island was "indecently cavalier, outside the bounds of decency and so reckless that it should not be tolerated in civilized society."

Royal Caribbean has not filed a defence to either cases by the Browitt and Reed families in the US, claiming in their filing to the Australian Federal Court that proceedings can only be heard in local New South Wales courts due to a clause in their cruise ticket contract.

Royal Caribbean did not answer questions about the lawsuits.

“Our thoughts are with all those affected by this tragedy, however we do not comment on pending inquiries,” a spokeswoman told ABC.