Financial & Legal News

Carnival Cruise Ship Accident Claim

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If you have had an accident whilst on holiday we can help with compensation claims and recently secured a £14,875 settlement for a client who was injured whilst on a Carnival cruise ship holiday.

With the holiday market opening up it is important to remember that when claiming compensation for an accident or injury whilst on holiday it is important to; make sure you have recorded the incident properly, filled in any available accident books, reported it to the holiday company, kept any medical records of treatment whilst abroad and if possible or relevant get photographic evidence.

Holiday Accident Claim

At the time of the incident, our client was on the last leg of a 68 night cruise and had been taking a nap when a side wall bunk above her bed became detached from fixings in the wall and struck her on the head.

When she reported it the deck manager advised her to take paracetamol and said he would fill out an accident form.

Maintenance who worked on the damaged bunk later did a temporary fix and said during bad weather the safety catch can work itself loose and the bunk can come down.  At the time of the incident the ship was in a gale and as the seas remained rough our client slept on the floor as she was concerned the bunk would fall again.

Injuries sustained whilst on holiday

When she attended the medical centre the next day she was advised that a scan was needed when the ship docked next in Bermuda but one was not arranged and the same thing was promised on arrival in Freeport and New Orleans.  At no time was a scan arranged on our client's head.

Our client continued to suffer from headaches, blurred vision, a swollen eye and eventually raised blood pressure.  Just a month after the accident she was still not sleeping.  It took two weeks to find an alternative cabin for her, her health had deteriorated and she was diagnosed with pneumonia.  During this period she was prescribed codeine, paracetamol, ibuprofen, cough medicine, diazepam to help her sleep and eventually antibiotics.

Two days after arriving home she went to the hospital and was told she had a concussion.  The accident on board the ship has led to a whole series of life-limiting issues for our client, a lack of mobility, constant headaches, dizziness and speech disturbance.

“This accident ruined the holiday for this poor lady and she was rightly compensated for her pain and suffering and for the considerable financial losses she accrued,” said Holiday Accident Solicitor, Mike Talbot.

Carnival plc were liable under Regulation 15 of the Package Travel and Linked Arrangements Regulations 2018, as well as EU Regulations 392/2009 and the Athens Convention 2002.

“Our client was unable to taken part in activities she had been looking forward to and was even unable to attend evening entertainment due to bright lights and loud noise which irritated her. A series of safety failures on behalf of Carnival cruises ruined the latter part of the trip for her and the compensation awarded to her will go some way to helping her in the future,” added Mike Talbot.

Cases of this type can be funded by holiday insurance, or as in this case on a No Win No Fee basis.

How can we help you with your holiday accident claim

If you have been injured in an accident whilst on holiday we help you claim compensation for personal injury.  Our holiday accident solicitors are knowledgeable in this area of the law so call 0161 785 3500 or email enquiries@pearsonlegal.co.uk for a no obligation chat.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

Written by Michael Talbot

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