Sea Travel Compensation Claims
If you have been injured whilst as a passenger on a cruise ship, liner or passenger ship you may be entitled to personal injury compensation.
Any claim for personal injury suffered during the course of travel by sea is governed by the Athens Convention 1974. Under the original terms of the Convention it was only possible to pursue a successful claim if it could be established that the injury arose through the fault or neglect of the carrier. Since 23 April 2014 passengers suffering personal injury at sea have increased rights as a revision to the Convention has introduced a system of no fault compensation. As a consequence it may no longer be necessary to establish that the carrier was negligent in order to recover personal injury compensation. Instead it may only be necessary to prove that the injury arose as a result of an accident at sea.
The new rules apply where the death or personal injury is caused by a ‘shipping incident’ as defined by the Convention. Where injury is not caused by a ‘shipping incident’ the carrier will only be liable if it can be proved that the injury was due to the fault or neglect of the carrier and that it occurred in the course of carriage. A ‘shipping incident’ within the meaning of the Convention is defined as the shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship or a defect in the ship.
The amount of personal injury compensation payable under the terms of the Convention is limited and the time within which a claim must be brought is restricted to 2 years.
The change to the Convention has been incorporated into UK law by the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 and ratified into international law by the Merchant Shipping (Convention relating to the Carriage of Passengers & their Luggage by Sea) (Amendment) (Order) 2014. These Regulations apply to all international carriage where a ship is registered in the UK, or the contract of carriage has been made in the UK or the place of departure or destination is the UK.
If you have suffered an accident whilst travelling on a ship contact Sintons now. One of our personal injury specialists will be happy to advice you on the prospects of pursuing a claim for compensation.
All personal injury compensation claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.
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