What happened:
Our client, a 36 year old female, slipped on the wet deck of a cruise ship while on holiday and twisted her knee.
What went wrong:
The deck had become wet from water being trodden onto it by other guests emerging from a nearby jacuzzi. Warning signs on the deck had been removed as the wind had blown them over.
Impact on client:
The client worked as a chef and as she could not stand on her feet all day, she was off work for about 6 months before starting a gradual return. Fortunately, her employers continued to pay her in full during this period. She was also unable to play golf for several months.
Legal outcome:
Because the accident happened at sea (in the Bay of Biscay) the Athens Convention allowed the client to pursue a claim in this country. The Convention also effectively reversed the burden of proof meaning the cruise ship company had to prove they had not been negligent.
Nevertheless, they denied liability contending that the client had consumed excess alcohol in making the most of her all-inclusive cruise package, and failed to notice the warning signs attached to the walls of a corridor she walked down just before stepping out onto the deck.
The claim settled for £6,000.00 prior to the issue of proceedings, the bulk of this being compensation for the injury.