Hantavirus on a Cruise Ship: Safety, Transparency, and Passenger Rights

Reports of hantavirus on a cruise ship recently captured headlines worldwide. The MV Hondius is a Dutch-flagged expedition cruise ship, and the outbreak of the potentially deadly virus is raising questions about passenger safety at sea and about what cruise lines owe their passengers.

According to the CDC, the outbreak involved the Andes virus. The Andes virus is a type of hantavirus that can lead to hantavirus pulmonary syndrome and can be transmitted from human to human. The extremely serious disease carries a high risk of fatal complications. Sources reported 11 cases related to the outbreak as of May 13, including eight laboratory confirmed, two probable, and one inconclusive. So far, three of those infected have died. The number of infections may continue to evolve with the ongoing investigations.

In response to the outbreak, WUSF’s Florida Matters Live and Local contacted John H. “Jack” Hickey, founder of Hickey Law Firm, to hear his perspective on what cruise ships owe their passengers.

Outbreak on board the MV Hondius

Oceanwide Expeditions operates the MV Hondius, on which several passengers recently became ill. The first cases were among individuals who traveled to Argentina shortly before boarding. When the illness was determined to be hantavirus, the story gained international attention not only because the disease is rare, but also because the Andes virus strain can spread from person to person. Most variants of hantavirus are not transmissible person to person, and therefore create less risk of an outbreak.

Although the Andes virus can spread between people, it’s important to note that it’s not as contagious as COVID-19. The CDC explains that contracting hantavirus from another person usually requires close contact with someone infected and already symptomatic. As a result, the dangers of a widespread pandemic are low.

Still, if a severe, potentially deadly communicable illness occurs on board a cruise ship, passengers most likely want to have information about that disease and how to protect themselves. After all, they are living in close quarters with other passengers.

Illness outbreaks on cruise ships

Illness can spread anywhere people gather – not just on cruise ships. Eating in a restaurant, staying in a hotel, going to work in an office, traveling on an airplane, commuting on a train, or attending school in a classroom can all lead to risks of exposure. There is, however, an aspect of cruise ships that makes people more concerned about outbreaks. If you’re on a cruise ship, and a dangerous disease appears, you can’t just leave. You’re at sea and have to stay on board until you reach a port and are able to disembark.

However, during his WUSF interview, Jack Hickey stated that cruise ships are neither more nor less dangerous than places on land where people gather. It’s worth putting concerns in perspective and noting that we are exposed to other people in all sorts of environments; a cruise ship isn’t all that different or uniquely dangerous.

Jack Hickey on cruise lines’ responsibility

Jack’s background gives him a unique perspective on cruise ship negligence. He spent the first part of his career representing and defending cruise lines. For more than 20 years, he has represented passengers in cases against cruise lines. In other words, he has experience on both sides of cruise-related disputes.

On WUSF, Jack explained that under general maritime law, cruise lines have a duty to act reasonably under the circumstances. But determining what’s reasonable? There’s less guidance on that. Should the cruise employees use masks? Are those in charge required to share information with passengers? Do the ships need quarantine protocols? None of that is exactly spelled out.

When it comes to what rights passengers have if there is an outbreak on a cruise, Jack said: “The cruise lines should and need to tell passengers what’s going on.”

After all, it’s impossible for passengers to protect themselves, watch for symptoms, or make informed decisions if they are kept in the dark. That much, at least, seems to be reasonable.

Passenger rights after a cruise ship illness

Getting sick on a cruise does not automatically mean the cruise line is legally responsible. In many cases, the key legal question is whether the cruise line acted reasonably. And what is reasonable depends on what that cruise line knew and when it knew it.

A potential claim against a cruise ship may depend on questions such as:

• Did those in charge know a serious illness was on board?
• Was there a delay before they informed passengers?
• What guidance was there from health authorities, and did they follow it?
• What steps did they take to limit exposure?
• If passengers suffered a serious illness, medical expenses, or other losses, was it because of a failure to take reasonable actions?

Cruise ship cases also involve strict ticket terms. Many passenger contracts require passengers to bring their claims to a specific place and within a shortened time period.

In the case of the MV Hondius, the ship is Dutch-flagged and operated by a Dutch company. Per Oceanwide’s terms, disputes will need to play out in the Netherlands based on Dutch law.

When it comes to cruise ship claims, passengers should never assume that ordinary state personal injury rules apply. Maritime law, ticket contracts, foreign law, and international travel issues can all affect a passenger’s rights. In the case of cruises that originate from the US, claims often must proceed in Miami, but passengers should check their ticket to see what the contract requires.

What can you do in a cruise ship crisis?

The first priority for all cruise ship passengers should be their health and safety. If you become ill, report the symptoms to the ship’s medical center, follow medical staff and public health authority advice, and isolate/monitor for symptoms if that’s what they ask of you.

At the same time, passengers should also try to keep records. Your ticket contract, itinerary, receipts, medical bills, travel insurance documents, and any records of quarantine or travel disruptions may be useful if you do have a claim.

It’s extremely important to understand that cruise ship claims tend to have shorter deadlines than standard personal injury cases. Speaking to an experienced maritime lawyer right away is vital to preserving your ability to bring a case.

Jack Hickey: Maritime law specialist

John H. “Jack” Hickey is the founder of Hickey Law Firm and a maritime trial lawyer based in Miami. He is Board Certified by The Florida Bar as a Civil Trial Lawyer, Board Certified by The Florida Bar in Admiralty & Maritime Law, and Board Certified by the National Board of Trial Advocacy as a Trial Lawyer. Jack has also served in leadership roles with the American Association for Justice, the Florida Justice Association, and The Florida Bar. When you are hurt or harmed in a maritime incident, you need a lawyer who understands maritime law. You need a specialist, and that’s who we are.

Talk to a cruise ship lawyer after a serious illness or injury at sea

Passengers trust cruise lines to provide a reasonably safe environment. When a serious illness breaks out or other dangers arise, those passengers should be kept in the loop so that they have the opportunity to make decisions and take steps to protect themselves.

If you or someone you love became seriously ill or injured on a cruise, Hickey Law Firm is here to help. Contact Hickey Law Firm today to speak with one of our experienced cruise ship lawyers.