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Carnival Cruise Line could be protected from having to pay out large sums to families of passengers killed by coronavirus under the Death on the High Seas Act

Carnival Cruise Line could be protected from having to pay out large sums of money to the families of passengers who were killed by the coronavirus after a recent court decision sided with the company under the Death on the High Seas Act. 

The Death on the High Seas Act , a century-old federal law, was originally a sword of protection and support for the widows and dependents of seamen who died while working on ships in foreign waters. 

But it eventually became a shield behind which the cruise industry has been allowed to hide; avoiding financial accountability for the wrongful deaths of passengers who do not have dependents or income.  

On Monday, US District Judge Dale Fischer sided with Carnival in the case of Wilson Maa, whose family tried to argue that the DOHSA did not apply to Maa's death because he died shortly after returning to shore and not while at sea, according to Bloomberg Law.

Maa, 71, died in April after traveling around South America on the Coral Princess cruise ship. 

On Monday, US District Judge Dale Fischer sided with Carnival in the case of Wilson Maa, whose family argued that the Death on the High Seas Act did not apply to Maa because he died shortly after returning to shore and not while at sea aboard the Coral Princess (pictured)

On Monday, US District Judge Dale Fischer sided with Carnival in the case of Wilson Maa, whose family argued that the Death on the High Seas Act did not apply to Maa because he died shortly after returning to shore and not while at sea aboard the Coral Princess

Maa, 71, died in April after traveling around South America on the Coral Princess cruise ship. Passengers on the Coral Princess are seen wearing protective masks while the ship docked in Miami on April 4

Maa, 71, died in April after traveling around South America on the Coral Princess cruise ship. Passengers on the Coral Princess are seen wearing protective masks while the ship docked in Miami on April 4 

His family said he contracted the virus while at sea and died at a Miami hospital after waiting four hours to be transferred off the ship. 

According to court documents, Carnival, which owns Princess Cruises, had argued that where Maa died was irrelevant because the alleged negligence occurred 'on the high seas beyond 3 nautical miles from the shore of the United States'.

In the ruling, the judge wrote: 'It is clear from the face of the complaint that Mr. Maa contracted COVID-19 on the "high seas."'

If the ruling is followed by others, the DOHSA could prove to be a safety net for the cruise line, according to Bloomberg. 

And because the law limits payouts for survivors, one maritime lawyer said in the case of retirees, the recovery may amount to a little more than burial costs.   

Charles Naylor, a lawyer who specializes in maritime injury and death, explained to Bloomberg: 'Basically, the question to the widow is, "What did it cost you to lose your husband?" If it didn't cost you anything, we don't owe you a nickel.' 

Meanwhile, cruise lines have announced that they will test all passengers and crew for COVID-19 prior to boarding as part of their plan for resuming sailing in the Americas.

The Cruise Lines International Association, a trade group that represents 95 per cent of global ocean-going cruise capacity, said Monday that its members will also require passengers and crew to wear masks while onboard whenever physical distancing can't be maintained.

No date has been set for the resumption of cruising in the US, the Caribbean and Mexico. The Centers for Disease Control and Prevention has a no-sail order for US waters through September 30. 

The association's safety plan will now go to the CDC, which will consider it as the agency decides whether to lift the no-sail order. The order has been extended twice since March.

If the ruling is followed by others, the DOHSA could prove to be a safety net for the cruise line (Carnival Panorama pictured)

If the ruling is followed by others, the DOHSA could prove to be a safety net for the cruise line (Carnival Panorama pictured)

The cruise association has issued a voluntary suspension of cruises through October 31. 

In a conference call Monday, Arnold Donald, the president and CEO of Carnival, said once the CDC lifts its order, it will probably take cruise lines at least a month to prepare their ships and train crew before they can sail.

The safety plan requires testing of passengers and crew, but doesn't specify the types of coronavirus tests that companies must use, CLIA Chairman Adam Goldstein said. Passengers and crew must test negative to board.

The plan permits limited shore excursions and requires passengers to wear masks and stay apart from other people during those excursions. Passengers who don´t comply won't be allowed to reboard.

The plan also requires ships to increase the amount of fresh air in their ventilation systems and use advanced filtration methods where feasible.

Cruise company executives said the limited resumption of cruising in Europe and elsewhere over the last few weeks has convinced them that cruising can be done safely. 

Costa Cruises, which is owned by Carnival, has two cruises to Italy this month. The ships aren't at full capacity and only Italian passengers are on board.

In August, a passenger on board the Paul Gauguin, a ship owned by Tahiti-based Paul Gauguin Cruises, tested positive for COVID-19 despite a health screening prior to boarding, CLIA said. 

The passenger and a family member were removed from the ship and placed in isolation on land. No other passengers were affected, CLIA said.

The safety agreement is an unusual one in the fiercely competitive industry, which has been seriously shaken by the coronavirus.

'We all share the same goal, and we're going to get there through collaboration, not competition,' said Richard Fain, Royal Caribbean Cruise's chairman and CEO.

Hundreds of people fell ill aboard crowded cruises earlier this year before the CDC's no-sail order went into effect. 

Fourteen passengers died after an outbreak aboard Carnival's Diamond Princess, which was quarantined off the coast of Japan in February.

Since then, the industry has furloughed thousands of workers and obtained billions in bank loans to stay afloat.  

CLIA says the US cruise industry supports more than 400,000 jobs and generates $53billion annually.

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