Significant Victory in Norovirus Court Case
The Club was pleased to assist a Member recently in defending claims brought by a number of passengers which arose out of a norovirus outbreak on board a large cruise ship. Although the Member argued that the ship was not liable for the outbreak and that all necessary measures were taken to contain the spread, 43 claimants elected to litigate. The court found in the Member's favour, recognising that cruise operators are not liable for norovirus outbreaks if they implement the industry standard plans and take the necessary measures to manage the illness and bring it under control. This judgement on 23 July 2015 was the first ever to exonerate a shipowner from all liability where there has been a norovirus outbreak. Importantly the case also included a number of findings both on the facts and law which will benefit the cruise industry generally in such cases.