Travel Accident Compensation Case Studies
CRUISE PASSENGER BURNED IN SHIP’S NIGHTCLUB
We acted for a young man in his twenties who was injured during a cruise around Hawaii. Our client was having a fun filled holiday, and regularly went to the ship’s nightclub in the evenings.
One evening our client was walking through the busy club when he was accidently pushed into some low lights illuminating the dance floor. He was wearing shorts and his leg pressed against a light which was red-hot. He sustained a deep burn as a result, which went on to blister and scar.
The rest of our client’s holiday was ruined as he was unable to get his injury wet, thus making him unable to enjoy the ship’s swimming pools or to swim and surf at Hawaiian beaches during shore excursions.
We submitted a claim to the cruise company for the injury and loss of enjoyment of the remainder of the holiday. We settled the claim to our client’s satisfaction, and he used the compensation to go on a luxury holiday with another company to make up for his spoiled cruise.
CRUISE PASSENGER INJURED FALLING DOWN STAIRS
Our elderly client was injured during a cruise around Australia. She was descending a shallow staircase in a lounge that she had not used previously when she suddenly tripped down the bottom step. There was only a handrail on one side of the staircase, which our client had not used. She sustained serious orthopaedic injuries and required extensive care from family members when she returned home.
We brought a claim against the cruise line alleging that the staircase failed to meet requisite health and safety regulations, and sought compensation for our client’s injuries.
We successfully recovered compensation for our client to cover her pain and suffering, medical expenses, and domestic assistance needs without the need to start court proceedings. However an allowance was made for our client’s contributory negligence.
RETIREE FRACTURES ANKLE IN TRIPPING ACCIDENT ON CRUISE SHIP
We successfully acted for a retiree who was badly injured when he tripped and fell in a cruise ship’s corridor. As a result of the fall, he fractured his ankle, requiring him to be medically evacuated back to Australia for surgery.
Our client sought Stacks Goudkamp’s advice. With the assistance of photographs that he had taken in the ship, we were able to instruct a liability expert for advice on whether the floor in question was a tripping hazard. We obtained evidence that the floor did not adhere to requisite standards and consequently resolved the claim amicably with the cruise line.
CRUISE PASSENGER SLIPS ON SPILLAGE
Our cruise accident lawyers were instructed by a client who suffered multiple injuries when he slipped on a spillage. Our client was walking inside the ship when he suddenly slipped and fell to the floor. His main injury was a dislocated shoulder. It transpired that he had slipped on a pool of water that was concealed by the nature of the flooring chosen. There were no wet floor warning signs in place.
We established that the location of the accident was an indoor shortcut used by passengers going to and from the ship’s swimming pool. There was no policy in place preventing passengers from going inside wearing wet swimming attire. We therefore alleged that the water was most likely from a passenger’s dripping swimming clothes, and that the cruise line was negligent for failing to have a ‘no wet clothes’ policy inside, not inspecting and cleaning the area, failing to have wet floor signs, and having defective flooring.
We brought a claim against the cruise line who initially denied liability. However we persevered and were able to resolve the case for a generous amount without having to commence court proceedings.
CRUISE PASSENGER INJURED IN SLIP AND FALL
Our client and her husband were only two days into a two-week cruise holiday when she sustained a torn hamstring after slipping aboard the vessel. It transpired that our client slipped on residue from spilled food from a nearby food outlet that had not been cleaned properly.
Upon her return to Australia, our client underwent surgery and incurred significant medical expenses for both the surgery and her extended period of rehabilitation. Our client also was forced to have an extensive period off work to recover from her injuries.
After tough negotiations with the cruise ship company, Stacks Goudkamp achieved a settlement for our client which compensated her for all of her past expenses, provided her with security for the future, and provided some acknowledgement that our client’s holiday was ruined by this avoidable accident.
CRUISE PASSENGER INJURED ON RETURN FROM SHORE EXCURSION
Our client sustained a serious injury to her leg whilst attempting to disembark a tender boat on a luxury South Pacific cruise.
Our client and her family had enjoyed a shore excursion to a tropical beach in Fiji and took a tender back to the cruise ship. The sea conditions were rough.
When the tender reached the cruise ship, it was not tied securely. The passengers were instructed to disembark the tender onto the vessel, but the tender was rising and falling as well as moving towards and away from the cruise ship’s pontoon.
The cruise company did not have a gangplank available for passengers. Our client was stepping across from the tender to the cruise ship’s pontoon when a large wave made the tender move and caught her off balance. She fell forward and fractured her tibia.
We submitted a claim to the Australian cruise operator on the basis that they were negligent, breached their contract, and breached statutory guarantees under the Australian Consumer Law to provide cruise holiday services with due care and skill and which were reasonably fit for purpose. In particular, we alleged that the transfer operations should have been suspended until the weather abated, a gangplank should have been used and the cruise company should have provided additional assistance to passengers. The cruise company denied liability.
After protracted negotiations, the cruise operator agreed to settle the claim rather than go to trial. Our client received a favourable settlement, which she told us she would put towards a luxury cruise with another operator, to make up for her ruined holiday.
CRUISE PASSENGER SLIPS ON WET DECK
Our client was on a luxury Pacific Islands cruise when he slipped on wet decking that had been hosed earlier that morning. He sustained injuries to his shoulder.
On return to Australia, our client required significant medical treatment and his ability to work was compromised.
Our specialist travel lawyers brought a compensation claim against the cruise operator for our client’s cruise accident. Although liability was strongly denied, we were able to successfully secure our client compensation for his injuries without the need to go to court
RIVER CRUISE PASSENGER SLIPS ON GANGPLANK
We acted for a retired lady who enjoyed overseas travel in her retirement. She was on a luxury river cruise in Europe when she slipped on a wet gangplank as she left the ship for a walking tour. The gangplank was wet from overnight rain.
Our client fractured her wrist but did not require surgery. She spent the remainder of the river cruise in a plaster cast.
Our specialist cruise accident lawyers brought a compensation claim against the cruise operator. We resolved the claim through negotiations with their insurer.