Compensation for Elderly Couple Injured On Dolphin Watching Cruise on NSW South Coast

PUBLISHED 26 Feb 2017

In this matter, we acted for an elderly couple whom both suffered injuries on a dolphin watching cruise in Jervis Bay. The incident occurred as the boat was travelling across the headlands and the boat unexpectedly increased in speed. As a result of the impact, our clients’ were aggressively thrown around their seats and suffered injuries.

Our clients sought a personal injury lawyer to investigate their claims and contacted Gerard Malouf & Partners for advice on their rights and entitlements to public liability compensation.

Upon completing our initial investigations, proceedings were commenced against the cruise ship company. It was alleged that the Defendant failed to take adequate precautions for the safety of its customers and to safely navigate the boat in the conditions at an appropriate speed. 

The Defendant denied that they were negligent in the circumstances leading to our clients’ injuries.

In order to assess the extent of our clients’ injuries and ongoing disabilities, we arranged for them to be examined by an orthopaedic specialist and obtained an expert report. The purpose of this report was to ascertain a diagnosis of our clients’ injuries and disabilities arising from the subject accident and a prognosis as to the extent that their compensable injuries will impact upon their future.

As the Defendant strongly denied that they were negligent in the circumstances, it was important for us to arrange a Professional Boat Driver to investigate the matter and provide an expert report on liability. The purpose of the report was to provide an expert opinion on the actions of the Boat Driver subject to these proceedings, and whether their actions in the circumstances should be considered negligent.

Our liability expert formed the opinion that the Boat Driver did not safely navigate the headlands and compensate for the adverse conditions. The Defendant also arranged for their own expert to provide a report to support the Defendant’s actions in the circumstances.

Upon completion of the service of our client’s medical and liability expert evidence, we invited the Defendant to participate in an Informal Settlement Conference with the aim of an early resolution. The Defendant was willing to negotiate and discuss the resolution of our client’s claim.

During the course of our negotiations, the Defendant agreed to a reasonable offer of settlement and we were successfully able to resolve the matter at this conference without the need to proceed to a hearing.

If you have suffered injuries as a result of the reckless or negligent actions of another, you may be entitled to compensation for your injuries. For a free, no obligation consultation, contact our offices on 1800 004 878 to arrange an appointment with one of our experienced solicitors.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.