Lawsuit floated in uncharted waters

The lawsuit brought by a US couple against the operator of the Grand Princess cruise ship has a number of implications that, in theory, could affect us all.

In their suit, the couple from Florida accuses the cruise ship company of gross negligence in allowing them to be exposed to the novel coronavirus on the ship.

They are seeking more than US$1 million (HK$7.8 million) in damages.

Their accusations are based on two major arguments.

First, two previous passengers on the ship had contracted the virus and infected the vessel, but the plaintiffs were not informed of the fact beforehand or during the voyage.

Second, if the couple had been warned about the previous incident, they would not have gone ahead with the sailing or would have left during a stop in the middle of the voyage.

Passengers began disembarking from the Grand Princess in Oakland, California, on Monday, and it is most likely that the couple have left the ship by now and gone to one of three US military bases for a 14-day quarantine.

As scientists continue to explain their understandings of the virus, it is becoming clearer that the elderly are the most vulnerable group, while younger adults and children are less susceptible to the disease.

The higher fatality rate in Italy - roughly 5 percent so far - might be down to the aging population in the country's most affected regions.

In the couple's lawsuit, the logic cited by their lawyer is so universal that it could, indeed, apply to all commercial and non-commercial organizations - whether airlines, shopping malls, cinemas, company offices you name it.

In the United States, it is more probable than not that both sides will reach a settlement. But it will be necessary for the judge to clearly explain the rationale - whatever the outcome - should the court have to rule on the case.

However, when it comes to negligence, nobody could be more guilty than the Japanese government over its bungled handling of the Grand Princess' sister ship, the Diamond Princess. As one infectious disease expert at Kobe University called it, the blunder by Shinzo Abe's government turned the ship into a virus mill.

The Diamond Princess was sailing in Japanese waters when news broke that a passenger from Hong Kong on a previous voyage had tested positive for the coronavirus. That forced the ship to dock in Yokohama for nearly a month.

During the quarantine, infections erupted onboard, with the number doubling every few days to reach more than 700.

In hindsight, the nickname "Covid-19 mill" couldn't be closer to the truth.

What happened on the Diamond Princess obviously frightened President Donald Trump enough to air his utmost reluctance to let the Grand Princess dock anywhere in the United States.

Remember his infamous line: "I don't need to have the numbers double because of one ship."

Abe didn't say that, but Trump did - lives are just a number in his mind. It's lucky for him that others also have a say in the case.

Otherwise, the Florida couple might instead have sued the Trump administration for keeping them onboard.