Compensation for river cruise accident

Cruise holidays are meant to be relaxing getaways, but accidents can and do happen — one such incident involved a client who came to us after she was injured by malfunctioning automatic sliding doors whilst on a river cruise, our Personal Injury Solicitors were able to secure her almost £30,000 in compensation.

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.

In the UK, the liability of cruise operators is often governed by The Athens Convention 1974 (as amended by the 2002 Protocol), which applies to international carriage by sea, including injuries occurring on cruise ships.

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.

River cruise accident

Between 10am and 11am one morning as she was walking up to the deck of the ship she was struck by the automatic doors, she said they squeezed her shoulders with such force that neither she, not her sister, who she was with at the time were able to push the doors open.  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.  She was transferred home 10 days later to stay in an intermediate care unit for a couple of weeks until she was able to return home.

“This was a terrible end to what was meant to be a lovely holiday and our client has since suffered pain and a lack of mobility, as well as fear of falling again since the incident, it is fair to say it had a serious impact on her,” said Mike Talbot, Solicitor and Head of Personal Injury.

Who Is Responsible for a accidents on a cruise holiday?

Cruise operators owe a legal duty of care to all passengers under both UK law and international maritime conventions. This duty includes ensuring that public areas — including cabins, dining areas, and automatic doors — are safe and properly maintained.

Automatic sliding doors can close with enough force to cause significant injury. Common injuries include broken bones, head trauma, or soft tissue damage — all of which can result in long-term physical and emotional harm.  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.

“As part of our case we instructed other experts, a consultant orthopaedic consultant, and a consultant clinical psychologist who recommended sessions of CBT,” said Mike Talbot.

“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.
• If possible, take photographs, note witness details, and preserve any relevant documents (e.g., medical records, cruise booking details).

How can we help?

For legal advice on holiday injuries or cruise ship accidents contact our expert personal injury solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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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.