• The client’s claim

    Mrs R fractured her ankle in a tripping accident on holiday on a cruise ship. She was in the canteen when she tripped and fell because she did not see an unlit step and fell, landing heavily on her wrist, suffering injuries to both her wrist and ankle. X-rays taken on the ship did not reveal any fractures but she remained in severe pain from her injuries.

    At the next port further x-rays were taken where a fractured ankle was identified and she was put in a plaster cast. Due to the pain in her wrist, she could not use crutches and was confined to a wheelchair for the rest of her trip and was cared for by her holiday companion.

    Our approach

    Mrs R instructed previous solicitors who failed to progress the claim. We took the case over for her, acting on a no win no fee. Our experienced lawyer, Natalie Marsh, claimed compensation for the cruise company’s breach of their duties under the 1974 Athens Convention, which applies to accidents on board international ships. We obtained and disdraft supporting photographic and witness evidence. Initially the cruise company failed to respond to the claim. We obtained supporting medical expert evidence, confirming the nature of the injuries and an acceleration of a previously symptomless pre-existing injury her wrist and a 12 months ankle injury and some psychiatric injuries.

    Unusually for a personal injury claim we recognised that as an accident on a ship court proceedings had to be issued within two years of the accident date and in the Admiralty Court. Our threat of court proceedings for the personal injury claim encouraged the cruise company to accept liability and agree extra time to start proceedings. However, even after completion of the medical evidence they failed to make an acceptable offer and so we issued and served court proceedings.

    The outcome

    Following service of court proceedings, we persuaded the cruise company to offer an appropriate level of compensation for Mrs R’s injuries and losses. Compensation was agreed for a suitable five figure sum. As well as compensation for her injuries, this included compensation for a replacement trip for her and her companion, care received during and after the trip and travelling expenses.

    This tripping accident claim/ holiday accident claim was dealt with by Natalie Marsh, a Senior Litigator, specialising in tripping accident and holiday accident claims and other injury compensation claims in Kent, Medway & beyond. Natalie can be contacted on 01622 680428 or at nataliemarsh@brachers.co.uk.

    This content is correct at time of publication

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