Personal injury advice from
Thompsons Solicitors
Injuries on Ships and Boats
If you have suffered an accident on a ship or boat that was not your fault, or you contracted an illness due to negligence, you may be entitled to make a compensation claim. Our expert personal injury lawyers have extensive experience in maritime accident claims, so can provide you with the best possible advice.
Contact The Legal Line today on 0800 0328511, or by completing a claim enquiry form online.
Types of Shipping Accident
Package Tour Regulations – Holiday Accidents on Ships
Employer Liability Claims
Sporting Accidents on Boats
Injury Claim Time Limits for Accidents on Boats and Ships
Making a Personal Injury Claim
Ship Accident Compensation
Our Expert Lawyers
Types of Shipping Accident
Safety is always of the utmost importance on any type of boat or ship, whether a large cruise ship or a small rowing boat. It is essential that anyone in charge of a vessel ensures the safety of its passengers and those nearby, by following the correct procedures, keeping it in a good state of repair and providing sufficient safety and emergency equipment.
Accidents on boats and ships can happen at sea, on rivers, canals or lakes and passengers may suffer injury whilst embarking, disembarking or during their journey. There may even be a collision or serious accident due to a defect with the ship or an error on the part of the captain or staff. This can often result in multiple casualties.
• Cruise Ships – Injuries to passengers on cruise ships occur due to a variety of causes, ranging from tripping accidents or injuries caused by defective items in cabins and communal areas, to outbreaks of food poisoning or legionnaires disease. Other causes of personal injury include fires onboard or a lack of safety on day excursions from cruise ships.
• Canal Boats – It is possible to hire canal boats with friends and family that you sail yourself. Therefore it is important that you are provided with a good level of instruction on how to handle the boat and its equipment to avoid any injuries. The boat should also be provided in a safe and well maintained condition to prevent unnecessary accidents.
• Ferries – As ferries are often subject to choppy conditions, it is important that passengers are provided with a safe environment on board. For example handrails, anti-slip floor surfaces and facilities to stow luggage securely can all be useful in preventing passenger injuries, particularly on rough crossings.
• Speedboats / Power Boats – If used without proper care or instruction, speedboats and power boats can cause harm not only to passengers, but also to anyone nearby. This could include, for example, people on other boats, swimmers, or those taking part in watersport activities such as waterskiing.
As well as ensuring that all the facilities provided are safe for passengers and employees, anyone operating boats, ships and leisure vessels should ensure that they are only out on the water in the correct area and when the weather conditions are safe.
Package Tour Regulations – Holiday Accidents on Ships
Although each country is subject to its own laws, you may still be able to make a claim in England and Wales for an injury or illness abroad if your holiday accident was the fault of an English or Welsh company. This would apply, for example, if you are on a package cruise and your tour operator has sent you on a ship with sub-standard or defective facilities and you are injured as a result. This is because package tour operators have to abide by the Package Travel, Package Holidays and Package Tour Regulations 1992.
The same would be true for an illness or infection that you have suffered whilst on a ship, such as food poisoning due to an improperly prepared meal or an outbreak of infection caused by contaminated water supplies.
A package holiday is a pre-arranged trip including at least two of the following elements at an inclusive price, and must cover a period of more than 24 hours and include an overnight stay:
Transport
Accommodation
Other, non-essential tourist services that make up a significant portion of the package (for example guided tours and excursions).
You could also have a claim in England and Wales if you were being taken on an International voyage but where the journey started in and/or ended in England or Wales. This could apply to ferry crossings, or cruises that commence from England and Wales but in this type of case your claim would be governed by the Athens Convention.
Employer Liability Claims
If you are injured in the course of your work aboard a ship or boat, and you feel that your employer is responsible, you may have grounds for a personal injury claim. You should always report any injuries to your employer and seek medical attention as soon as possible.
There are various industries and occupations that can require employees to work aboard boats, ships, tankers, tugs or barges, including: fishing, cargo transportation, research, engineering, the armed forces, emergency services such as coastguard and lifeboat services and the entertainment and leisure industries (pleasure boats, cruise ships, sailing etc).
Your employer should ensure that you are qualified for the work required of you, receive any training you require, for example in manual handling procedures or health and safety, that any relevant personal protective equipment is supplied and you are provided with a safe and suitable working environment.
Employees in the shipping industry may also be at risk of developing industrial diseases if they are exposed to hazardous substances, excessive vibration or noise without sufficient protection. If you are diagnosed with a work-related illness, or suffer an accident at work, our specialist lawyers may be able to assist you in recovering compensation.
Sporting Accidents on Boats
Accidents on boats can also occur whilst taking part in sporting activities such as rowing, canoeing, sailing or rafting.
If you suffer a sports accident on the sea or another waterway, and someone else is to blame, it is possible you could make a sports injury compensation claim. For example, if you are receiving tuition and are given incorrect instructions or inadequate supervision, this could give rise to a claim.
Injury Claim Time Limits for Accidents on Boats and Ships
Most personal injury claims have to be brought within 3 years of the date your accident occurred. There are limited exceptions to this rule, for example if the injury is to a child, the limitation period does not begin to run until their 18th birthday.
Accidents that occur on board a boat or ship are usually subject to a shorter time limitation period than other accidents, of 2 years. This is dependent upon the circumstances however, so it is important to seek the advice of a specialist personal injury lawyer as soon as possible to ensure that your case does not become ‘time barred’.
Making a Personal Injury Claim
If you suffer an injury whilst on board a boat or ship, you should ensure that, where possible, it is reported to a member of staff so that they have a record of the incident. It is also important to seek prompt medical attention, both to make sure that you receive any treatment you require and also to have your injuries recorded in case you decide to make a claim.
If you believe that you may be entitled to compensation you should seek specialist legal advice as soon as possible. Your solicitor can assist you through every stage of the process and ensure that your case is brought to the best possible conclusion.
Your claim will be made against the responsible party (i.e. the person or company that caused your injury). Most often the claim is put forward to their insurance company, who will negotiate with your solicitor to come to a satisfactory settlement of compensation. In some cases, if liability is denied or both parties cannot agree on a suitable amount of damages, it may be necessary to pursue the case via court proceedings. This will only be undertaken if your solicitor feels that the case has good prospects of success.
In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
Ship Accident Compensation
If your ship accident claim is successful, and our solicitors will work hard to ensure that this is the case, you will be entitled to two elements of a compensation award.
The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (for example an inability to drive, continue with hobbies, tend to your garden etc). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the boat accident so that these can be reclaimed.
In serious cases, you may no longer be able to continue in your employment. This can be taken into account when damages are calculated. Costs for care, equipment, transport and housing modifications can also affect the calculations. If you are still able to work but not in the same role as before an extra amount may be awarded for loss of ‘congenial employment’, particularly if you held a public service role such as a doctor or police officer. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.
If your claim is pursued under the Athens Convention, financial limits may apply but we will advise you upon those limits, if required.
Our Expert Lawyers
Our solicitors are specialists in all areas of personal injury, including recovering compensation for the victims of accidents on board ships and boats.
We can provide expert accident claim advice from a network of offices around the UK and always aim to secure the maximum compensation possible for our clients.
Visit our personal injury news and success stories sections for details of some of the cases we have handled on behalf of our clients, or follow the links below:
Damages for Electrical Fitter Injured on Ferry
Compensation Claim for Seaman Injured on Frigate
Ferry Employee’s Fingers Crushed in Accident at Work
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Testimonials
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