PROVING “NEGLIGENCE”
by Contributor
(Apr. 21, 2020) — Coronavirus is perhaps the biggest pandemic that the world has faced in this century. What started as a local infection in Wuhan is now infecting millions and killing thousands across the globe. The health crisis means a lot for cruise travellers as thousands on board have been infected since the virus first started travelling from China to other countries. If you are one of such patients who have contracted coronavirus on a cruise, you can claim compensation from the cruise company. Here is all that you need to know about your rights in these circumstances.
Responsibility of the cruise company
Coronavirus is a highly contagious infection that spreads through droplets produced by coughing and sneezing. Surface and physical contact can also cause infection. The chances of spread are high in closed environments such as that in cruises. Essentially, it becomes the responsibility of the tour companies to ensure that they follow the government-issued travel warning and advisory. Further, they should also take every possible measure for protecting passengers. Still unfortunately, there have been a large number of cruise travellers who have sustained infection on ships.
Infected travellers may be entitled to compensation
People who have contracted coronavirus during cruise travel may be entitled to compensation, provided that they can prove negligence. Gathering sufficient evidence to prove negligence is, however, tricky. Moreover, these companies are generally not obligated to compensate passengers falling ill on their ship unless negligence can be proven. Having a specialist Coronavirus cruise ship claim attorney is the best way to handle all the complexities of these cases. They can prove that the company has failed to exercise a reasonable level of care, which led to an outbreak on board.
Evidence to prove negligence
A passenger who falls sick on a cruise and suspects coronavirus infection should pay attention to certain factors. Gather facts such as the number of passengers who are sick or in the ship’s hospitals and inquire about their symptoms as well. Find whether the crew are taking any additional containment precautions such as cleaning more frequently and not letting people self-serve at the buffet. Note if there was any special announcement or warnings regarding the illness, whether the sick passengers are quarantined and if the ship deviated from its original itinerary. These are valuable pieces of information that you can share with your attorney and they can use it to prove negligence and get you a favorable claim.
It becomes easy to get a fair settlement if you can prove that the ship failed to follow a proper preventive and containment procedure to contain the spread during the outbreak. The procedure could include key requirements such as screening passengers before boarding and avoiding infected ports as well. If the tour company failed to follow the protocol and your attorney can prove it, they are fully liable to compensate you. Obviously, you deserve to be compensated if you have caught the virus due to their negligence, when it could still be avoided with the right measures in place.