Royal Caribbean SUES White Island volcano survivors in Australia claiming fine print in their tickets means they aren't allowed to win huge damages in America
Royal Caribbean cruise liners have sought legal action in Australia to stop victims of the horrific White Island volcano explosion from winning damages in the US.
The company have been sued in Miami by Australian family Marie and Stephanie Browitt and American couple Ivy and Paul Reed for green-lighting their trip to the volcano despite eruption warnings.
Royal Caribbean had 38 passengers from the Ovation of the Seas cruise ship on a tour of the volcano when it erupted on December 9, 2019.
Both parties are seeking damages from the Norwegian cruise company, accusing them of failing to keep their passengers safe.
But in response, Royal Caribbean is seeking a ruling from the Australian federal court that would ban the cases from developing further in America.
Royal Caribbean are seeking a ruling to ban White Island cases from developing in US. Pictured: the explosion on December 9, 2019
Royal Caribbean have been sued in Miami by Marie and Stephanie Browitt and Ivy and Paul Reed
The company claim a clause in the fine print of their tickets for the trip means only courts in New South Wales can hear any cases related to the eruption.
Twenty-one people died and dozens more were injured when the volcano erupted off the coast of Whakatane on New Zealand's North Island on December 9, 2019.
Forty-seven people were trapped on the island when the volcano blew, sending ash, rocks, debris and 300C steam into the air at a rate of more than 100 metres per second.
Marie Browitt's husband Paul and daughter Krystal were among the victims who both travelled to the site on Royal Caribbean's Ovation of the Seas.
Nineteen of the 21 deaths from the eruption came from the tour group.
Stephanie Browitt suffered extensive injuries, as well as post traumatic stress disorder after the eruption.
The Reed couple both suffered severe burns in the explosion, along with mental trauma.
Ivy and Paul Reed (pictured together) both suffered extensive burns in the eruption and are seeking damages accusing Royal Caribbean of failing to keep their passengers safe
Krystal Browitt was a passenger on Royal Caribbean's Ovation of the Seas and was among the 22 victims of the eruption.
Six days before the eruption on December 3, volcanologists raised the alert level of White Island to level two, which is the most dangerous level a volcano can be classified as without erupting.
This was due to an increase in tremor levels, gas and unrest at the site.
The Browitt's have accused Royal Caribbean of playing Russian Roulette with passenger's lives after selling tickets and allowing the day trip to continue.
'This conduct was indecently cavalier, outside the bounds of decency and so reckless that it should not be tolerated in civilised society,' they said, as reported by The Guardian.
The Browitt's case also includes claims under Florida's wrongful death laws on behalf of Paul and Krystal's estates.
Stephanie Browitt was severely burnt in the blast and wears compression bandages over her face in recovery
Their lawyer Peter Gordon said the family will continue to fight for the victims.
'We intend to protect and to defend Marie and Stephanie's, and Paul and Krystal's, right to pursue this case where the wrongdoing took place,' he said.
'And that wrongdoing that took place was at the headquarters of Royal Caribbean, where they turned a blind eye to all the evidence that White Island was ready to erupt.'
The Reeds claimed Royal Caribbean were reckless in running the tour while knowing of the potential danger of an eruption.
Royal Caribbean are yet to file a defence for either case.
A spokesperson for the cruise liner said the company does not comment on pending inquiries.
Both legal cases claim Royal Caribbean knew of the eruption threat but still went ahead with their tour. Pictured: Marie Browitt and her daughter Krystal, who died in the eruption