Errol, a man in his late 60s with mobility problems, was on the “cruise of a lifetime” on a luxury cruise liner visiting countries in Central America. An excursion to Panama City was scheduled and Errol, in the company of several dozen other passengers, disembarked from the vessel to a smaller boat to take them to the port. However, the smaller vessel was buffeted by a wave, and in transferring from one boat to the other Errol fell heavily on his knee. Although he made no complaint at the time, nor before his return to the UK, the rest of his holiday was badly affected and his knee remained sore, requiring a daily prescription of painkillers.
Our complaints to the cruise ship operator of a failure to secure the walkway, to provide sufficient crew members to assist passengers to ensure their safe transfer from one vessel to another and to take other relevant effective safety measures brought an offer of compensation of £5,000 for his knee injury which was increased after negotiating another £1000 for loss of enjoyment of his holiday to a figure Errol was happy to accept.
Claims for injuries at sea are subject to shorter time limits and special rules apply to holiday claims, but where we have to deal with a large reputable opponent, the fact that the injury occurred on the other side of the world is no bar to recovery where we can prove fault.
We undertook his claim under a no win- no fee agreement and all Errol’s legal costs were paid by the cruise ship operator.
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