Royal Caribbean liability for volcano deaths may turn on #act_of_God defense - Reuters
▻https://www.reuters.com/article/us-newzealand-volcano-lawsuits-analysis-idUSKBN1YG2NX
An aerial view of the Whakaari, also known as White Island volcano, in New Zealand, December 12, 2019.
REUTERS/Jorge Silva
Royal Caribbean Cruises Ltd’s potential liability for a deadly excursion to a volcanic island in New Zealand could hinge on whether the eruption was an unforeseeable “act of God,” according to maritime lawyers.
Cruise ship passengers were among the tourists on White Island on Monday when it erupted. While no lawsuits have yet been filed, legal experts said they expected action in U.S courts by injured passengers and families of those who died.
There were 47 people on the island at the time. Eight have been officially declared dead and more than 20 are being treated for severe burns. The New Zealand military was carrying out an operation to recover eight other bodies still on the island.
Royal Caribbean ticket terms posted on its website spell out that the company is not liable for any injury, death or loss of property caused by an act of God, as well as war, terrorism or other events beyond the company’s control.
Royal Caribbean will likely argue the disaster was an extraordinary event no one could reasonably foresee, said Robert Kritzman, an attorney with Baker Donelson in Miami.