Cruise Ship Liability
Cruise Ship Liability. The recent disaster in New Zealand is close to my heart being that N.Z is my place of birth.
Now, at the outset, I must say I have not researched what I am about to say in any great depth, but have just skimmed a few Google news alerts and a few FB posts.
So this article is probably more in the realm of uninformed comment. But you are going to get it anyway.
The latest comment I noted was that Jacinda Ardern (N.Z, PM) said that the tour ships are liable.
I am not a lawyer and I have no idea of the laws of liability in this area in NZ, but my application of the common sense principle suggests that as a cruise line is, at the very best, a third party in these transactions, it should not have a direct line of attribution to any event on that island which contained the volcano.
Here’s what I understand.
A cruise line,
in an effort to differentiate itself from other lines offering similar pieces of excitement for its patrons, contracts with another party to provide some excursions off the ship. Something that is a unique selling proposition. (USP)
Live and Active Volcano
Now, this party (the Island Tour Company) then contracts with a passenger to provide a trip to a LIVE and ACTIVE volcano. This is a huge risk as there has been no warning in the past when and if there would be any events occurring with this volcano. But that is what makes it even more exciting and what means the Island Touring Company can charge fees up to $500 NZ for the excursion. And makes it an amount participants are willing to part with for the experience.
Social Media Proof
Of course, they expect to live and be able to share the photographs of them in this unpredictable and dangerous place. Shows what kind of people they are. Danger is what they were willing to pay a premium for. Of course, they didn’t believe it would ever be that dangerous. They probably signed a waiver (which they didn’t believe – their issue), which amongst other things promises that IF anything happens they won’t sue the Island Touring company.
Let’s Look At This.
The touring company told them it COULD be dangerous, deadly kind of dangerous, they signed something, they paid their money. “Yeah. Yeah. What could go wrong?” And they went on the guided tour.
The island blew up
The island blew up. Many of the 40 or so people on the tour at the time were immediately vapourised or massively injured. Several are still missing.
The tour company has, hopefully, Public LiabilityContinue reading