Medical Negligence

This was a claim against Riviera Tours Limited, trading as Riviera Travel who admitted a breach in duty of care. Holiday accident claims We have acted for many people over the years whose holidays have been ruined, or who have suffered injuries whilst away. In this case our client was on holiday with her sisters and friends on a German river cruise taking in the Rhine and Moselle.

Under the Athens Convention passengers have the right to claim compensation if the injury was caused by the cruise line’s fault or neglect, as was proved to be the case here. The pressure from the doors caused our client to fall backwards to the floor injuring her left hip. There was no one medically qualified to determine the seriousness of the injury, but the cruise director got a wheelchair and helped our client to bed, until such a time as they docked at 4pm.

She was then taken by ambulance to a nearby hospital where an x-ray revealed a fractured femur which required a hip operation the following day. Our client’s friends and family had to continue with the rest of their holiday without her and other family members flew out to Germany to be with her. Automatic sliding doors can close with enough force to cause significant injury.

In this case our client fell and fractured her hip. The amount of compensation in cruise ship cases like these varies based on the severity of the injury.

For instance, compensation for a shoulder fracture or nerve damage could range from £5,000 to over £30,000 depending on the impact on your life and ability to work. “In this case Riviera travel failed in its duty of care to our client on the following basis; a failure to warn our client of the risk presented by defective automatic doors, a failure to repair defective automatic doors and there was no emergency button on reach to release the doors. “As part of the claim special damages also included care and assistance, travel costs for family taking our client to and from appointments, miscellaneous expenses for support items other treatments and adaptations, flights for family to care for her in Germany,” he added.

Time limits for personal injury claims Under the Athens Convention, you typically have two years from the date of disembarkation to bring a personal injury claim. This is shorter than the usual three-year limit under UK domestic personal injury law, so prompt legal advice is essential. If you've been injured on a cruise ship, you should take the following steps as soon as possible: Immediately report the injury to ship staff and request a copy of the incident report.

Ensure that you receive treatment from the on-board medical team and follow up with your GP upon returning home.

Compensation settlement: £5,000

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