Fall on a cruise ship- £5000 damages and £1000 "loss of enjoyment"

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. 

Shopworker suffers broken leg- £3,800 recovered

Tewderos  was asked by his boss to stack packets of plastic water bottles to an unsafe height in the basement of the supermarket where he worked.  The bottles collapsed,  trapping his leg under a wooden pallet and causing a simple ankle fracture.  Tewderos, a refugee, did not know his rights and his boss actively discouraged him from pursuing them by veiled threats to challenge his immigration status if he were to assert a claim.

When Tewderos was referred to us well over two years or so after the accident,  we were able to pursue a claim against his employer for breach of the employer’s duties under statutory regulations governing the workplace,  including,  the “Work at Height Regulations”.    We are pleased to say the employer’s liability insurers took a much more responsible and co-operative attitude than the supermarket had to Tewderos’ plight. We had Tewderos examined by an orthopaedic doctor. The insurers paid £3,800.00 compensation for his injuries and loss of income in a settlement that was rapidly agreed and which avoided the need to issue a claim in court (claims have to be brought within 3 years of the date of injury in most cases).

Tewderos was especially pleased that his ex-employer had not “got away with it” as he had tried to do. All his legal fees were paid as part of the settlement.

We acted for him under a “no-win no-fee” agreement.

Cycle accident (but no collision) - £10,000.00 recovered

A car pulled out of the petrol station straight into the path of Rory’s push bike.  In performing an emergency brake, Rory went over his handlebars and as he attempted to break his fall on the road,  he suffered undisplaced fractures of both wrists and damage to one front tooth which developed crazing of the enamel. He also suffered a permanent cosmetic scar on his calf.

Ironically,  Rory’s quick reactions saved the car from sustaining any impact damage.  This was repaid by the car driver pointing out to passers by,  who had stopped to help,  that his car was unmarked and that Rory must have just fallen off the bike through his own fault (cyclists do these things,  you know!).

Although the garage had no CCTV cameras facing the road, (we went along to investigate),  a helpful motorist who had given his details to Rory,  provided a very clear witness statement** which put the blame squarely on the driver,  whose insurers took a more sensible attitude than he had.   They did not dispute liability and Rory recovered £10,000 for his injuries,  including his out-of-pocket losses and the cost of a new porcelain veneer for his tooth.  (There was no loss of income).  Insurers also paid his legal costs in full.  (Our client’s name has been changed).

**Guidance: If you are ever in a road traffic accident always try to get the name and address of any witnesses, or ask some else to do so if you are not able because of your injuries.