Claiming For Stena Line Ferries Personal Injuries

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Stena Line Ferries Personal Injury Claims Guide

Stena Line is the biggest ferry company in Europe and provides crossings to Britain, Holland, Ireland, France and various other destinations across Europe. From day trips to shipping freight, Stena Line provides various types of crossings using several different ships.

If you are a passenger who has been injured due to a Stena Line ferry accident that wasn’t your fault, you may be eligible to make a personal injury claim.

Similarly, if you are a member of the crew working on a Stena Line ferry and an accident occurs as a result of negligence on the part of your employer, causing you to sustain an injury, you could also possibly be eligible to make a claim.

Personal injury claims can be complex and having a personal injury solicitor can prove advantageous. Legal Expert is an experienced team of personal injury solicitors that can help you to determine if you have a valid claim and if so, help you to get the compensation you deserve, just contact us on 0800 073 8804 and we will assist you as best we can.

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A Guide To Stena Line Ferries Personal Injury Claims

Stena Line Ferries personal injury claims information

Due to the complex nature of making a personal injury claim, it is best to have some knowledge of what is involved. This guide contains lots of information on Stena Line ferries personal injury claims such as what accidents may result in a claim being made, what your passenger rights are, what the safety rules and regulations are for ferry companies, what items you can claim for, and how much compensation you may be entitled to. We also look at what a No Win No Fee personal injury claim is and how it can be beneficial to you.

Not all accidents that occur on a Stena Line ferry will result in a personal injury claim being made and so if you are unsure as to whether you have a valid reason to make a claim and are contemplating what you should do, have a read through the guide and if you have further questions, call us at Legal Expert and we will be happy to help and advise as needed.

What Are Accident And Injury Claims Against Stena Line?

Various accidents could occur whilst travelling on or working on a ferry. Examples include tripping over uneven or damaged floor coverings, suffering an injury due to a ferry collision, being injured on the car deck or even suffering food poisoning. If the accident was due to the negligence of Stena Line, it could be possible, if liability can be established, that a personal injury claim.

Injuries from a Stena Line ferry accident can range from minor injuries with no adverse effects, to more severe injuries that can cause a great deal of pain and discomfort, distress and possible future health and lifestyle implications. Injuries may include:

  • Bruising, cuts and lacerations
  • Broken or fractured bones or dislocations
  • Burns and scalds
  • Crushing type injuries
  • Muscle sprains or strains
  • Food poisoning
  • Head injury
  • Drowning

However, it should be noted that there are some circumstances in which a personal injury claim would be unlikely to be successful, such as if someone fell over and injured themselves due to the natural movement of the ferry in rough seas. This is something that cannot be controlled by Stena Line and as long as all necessary and possible precautions on their part had been made, it’s unlikely that they would be deemed responsible. The legitimacy of a personal injury claim will depend on the unique circumstances involved and whether it can be proven the defendant carries some or all of the responsibility.

What Are My Rights When Travelling By Ferry?

Passenger rights apply to anyone travelling including those by ferry. Some information regarding the rights of passengers can be found on the ABTA website here.  ABTA is a travel brand that has been around for 70 years and is trusted in the travel industry. They offer guidance and advice for travellers and promote high service standards, health and safety improvements and encourage responsible tourism both at home and abroad.

According to ABTA, the right of passengers travelling by ferry includes information regarding what passengers are entitled to should their ferry be delayed by a certain amount of time, or cancelled altogether. It may be that an alternative crossing is offered, a full refund or, in some circumstances, an overnight stay is provided, if necessary.

Although ABTA gives guidance and advice and can help with complaints, there are some complaints that they cannot help with. ABTA can only deal with complaints or issues that are submitted in English.

The complaints they can help with include:

  • Whether a member is acting in line with their code of conduct.
  • They can provide up to date information regarding the relevant foreign office advice.
  • Give help and advice on resolving any dispute you may have.
  • Can provide general advice and guidance for travelling.

The complaints they are unable to deal with include:

  • Members of ABTA will not be held responsible for other guests’ behaviour
  • Any civil or criminal matters between individuals cannot be dealt with by ABTA.

The above information can be found here.

Safety Standards And Rules For Ferries

There are certain safety standards and rules set out in the UK and international legislation that ferry companies need to abide by. These statutes also give extra protection of passenger rights when travelling by ferry. Crew members are also protected under the same legislation. These include:

  • Athens Convention 1974 – This is an international law regarding the carrying of passengers and their baggage by sea. It provides a right to seek compensation for property damage or injury that occurs whilst on a sea vessel such as a ferry. If caused by an accident, the Athens Convention limits the amount of compensation that is payable for personal injury or death. Compulsory insurance for passengers became part of the protocol in 2002. This increased the amount payable for injury for each passenger and the amount payable for baggage damage. Countries who independently offer higher amounts of compensation can choose to opt-out of this particular protocol, but countries cannot opt-out if it means the maximum amounts for compensation would be lower. The Athens Convention 1974 legislation can be found here.
  • Merchant Shipping Act 1995 – This is a UK law which consolidates the Merchant Shipping Acts 1894 to 1994, and also any other enactments that relate to merchant shipping. The legislation can be found here.
  • International Maritime Organisation (IMO) – This organisation was established in 1948. Its purpose is to promote cooperation between countries worldwide to develop and adopt international maritime laws. The aim is to increase safety, prevent possible accidents and to reduce the amount of pollution into the seas when travelling across the globe. The IMO website can be found here.

Types Of Ferry And Maritime Accidents

Various types of accidents may happen on a Stena Line ferry that could potentially result in an injury to a passenger or crew member if health and safety policies and procedures aren’t followed correctly. These accidents and causes may include:

  • Slip, trip or fall accidents
  • Accidents due to mechanical failure
  • Inadequate safety measures and procedures
  • Speeding
  • Stena Line ferry collision with another sea vessel
  • Stena Line ferry collision with the harbour wall in port
  • Accidents involving faulty doors, furniture or lifts and stairwells
  • Kitchen and restaurant accidents
  • Car deck accidents
  • Sea disasters such as the ferry sinking or person falling overboard

If you have been harmed in an accident, regardless of whether you were a passenger or member of the crew, and it was not your fault, you may be entitled to make a compensation claim. Contact Legal Expert for further help and advice.

Accidents Caused By Tripping Or Falling On A Ferry

Accidents involving a slip, trip or fall could happen to a passenger or crew member in various circumstances. From tripping over uneven or damaged flooring, slipping on a spillage or tripping over items left in the walkways, a slip, trip or fall could happen in any area accessible to crew members and passengers. There should be relevant health and safety policies and procedures in place to reduce the risk of these accidents from happening, but if they aren’t acted upon due to negligence, then it’s possible Stena Line could be deemed responsible for any injuries or damage to possessions.

Collisions With Docks Or Other Vessels

Ferry collisions may happen for several reasons, such as there being a failure to keep a proper lookout, speeding, poor weather conditions, operator inattentiveness or negligent operation whilst docking. It’s possible that a Stena Line ferry accident could involve a collision with another sea vessel, such as another ferry whilst in the port, or colliding with the port wall when entering or exiting the port. Collisions may occur due to the negligence of the crew. It could cause passengers or crew members to fall over, bang into furniture or walls and counters, or could cause objects to fall off of shelves onto people, for example. If the collision is very hard, it’s possible the force could also result in whiplash injuries.

Whiplash Caused By Crashes And Collisions

Whiplash is an injury to the neck caused by the quick succession of back and forth motions of the head. Whiplash can range from being minor to more severe. The majority of whiplash injuries get better within 2-3 months after the injury occurred but sometimes can take longer depending on the severity. Information from the NHS regarding whiplash injuries can be found on their website here.

Symptoms may not appear immediately and can sometimes take several hours to appear following an accident. Symptoms include:

  • Neck pain
  • Neck stiffness making it difficult to move the head
  • Headaches
  • Pain with muscle spasms in the arms and shoulders

Whiplash is often caused by a collision accident, or from slipping, tripping and falling over.  If a Stena Line ferry collides with another sea vessel or the harbour or port wall, it could result in a passenger or crew member to move suddenly or fall due to the impact, and sustain a whiplash injury. If you have sustained a whiplash injury due to a Stena Line ferry accident that wasn’t your fault, you may be eligible to make a personal injury claim. Speak to Legal Expert today for further help and guidance.

Broken Or Damaged Facility Accidents

Stena Line Ferries have a duty of care to its crew and its passengers to provide a safe environment. One way of doing this is to make sure that any furniture such as tables, chairs and benches, stairways, access doors, toilets and other fixtures and fittings accessible and used by the crew or passengers, are all well maintained and fit for purpose. If someone has an accident due to broken or damaged facilities, such as tripping over damaged floor coverings, falling off of broken chairs or slipping over due to a leak in the toilets, Stena Line could be found in breach of their duty of care and therefore possibly deemed liable for any injuries caused by their negligence.

Illnesses Caused By A Food Allergy

According to the Food Standard Agency’s guidance, found here, the main 14 food allergens should be listed on the ingredients of any foods that contain them. Restaurants are also required to inform customers of these allergens if they are present in any of the foods that they provide by means of listing the ingredient on the menu, for example. If a passenger or crew member is allergic to a food not listed as one of these 14 allergens, then they must inform the restaurant of their allergy. Once the restaurant has been made aware, they then have a responsibility to act upon this information and ensure that the customer is not served any food containing the particular ingredient they are allergic to. If any food is sold that contains one of the 14 allergens, and the customer is not made aware by means of it being written on the packaging or a menu, or by being told by a waiter/waitress for example, or if a customer is given food containing an allergen after informing the restaurant that they can’t have it and suffer an allergic reaction, Stena Line could be deemed responsible.

Food poisoning can also be caused by negligence. If food is not cooked properly, is out of date, not stored correctly, or there is poor hygiene in food preparation areas or occurrences of cross-contamination between cooked and uncooked foods, it can result in food poisoning which, if severe, can lead to permanent conditions such as irritable bowel syndrome.

Incidents Where A Person Falls Overboard

As part of providing a safe environment, Stena Line should ensure that railings and public areas are designed with passenger and crew safety in mind to prevent a ferry worker accident or passenger accident resulting in them falling overboard. An example of such an accident can be found here, where, in October 2013, a young child fell overboard after standing on some seating close enough to the railings on the deck that enabled her to climb onto the top railing and fall overboard. The design and location of the upper deck seating are thought to have contributed to the accident occurring. According to the report, the procedures to advise the coastguard were not followed. In this case, the young child was very lucky and survived the incident after being rescued, but an accident like this could easily end in a tragedy.

Accidents Or Injuries When Working On A Ferry

As an employer, Stena Line has a duty of care to provide a safe environment for employees in accordance with the Health And Safety At Work etc. Act 1974. They are required to have in place health and safety-led practices, policies and procedures that are relevant to the various working roles. Many types of ferry worker accidents could occur, particularly if these health and safety requirements are not followed. Some examples include:

  • Accidents involving moving vehicles when loading or unloading
  • Accidents due to vehicles and plant moving dockside
  • Trailer coupling and uncoupling either when on the dock or ship accidents
  • Movement of vehicles in the container storage areas accidents
  • Accidents involving lifting equipment possibly due to faulty equipment or insufficient training on use
  • Slip, trip and fall accidents
  • Manual Handling accidents

If you have been hurt whilst working on Stena Line ferries due to negligence, you could be entitled to claim compensation depending on the circumstances.

Stena Line Personal Injury Claims Calculator

Although we cannot say exactly what compensation you might receive if you had a successful claim, we can show some of the amount brackets for some injuries, detailed in the table below. These figures have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims:

Edit
Type of Injury Amount of Compensation Comments
Mental Anguish Up to £4,380 Fear of impending death or unexpected loss of life
Severe Arm Injuries £36,770 to £56,180 Serious fractures or breaks resulting in permanent significant disability, or complete loss of use of one or both arms
Less Severe Arm Injuries £18,020 to £36,770 Simple fractures and breaks, to more severe injury with some recovery but some disability still present.
Wrist Injuries (D) Rarely exceed £9,620 Where recovery from fracture or soft tissue injury takes longer but is complete.
Less Serious Leg Injuries Up to £11,110 Simple Fractures to Tibia or Fibula or Soft Tissue Injuries
Minor Injuries (A) A few hundred pounds to £650 Full recovery within 7 days
Minor Injuries (B) £650 to £1,290 Full recovery within 28 days
Minor Injuries (C) £1,290 to £2,300 Full recovery within 3 months

For a more accurate estimate of your compensation, you could speak to Legal Expert to discuss your individual injury.

Compensation You Can Claim For An Accident On A Ferry

As well as being compensated for the physical injuries and psychological suffering inflicted by the injury, it’s also possible to claim for any financial losses or expenses incurred too. Some examples of what you could recover include:

  • Travel Expenses – Any travel costs incurred due to your injury can be included.
  • Medical Expenses – Any medical expenses incurred due to your injury can be included.
  • Lost Income – Any wages lost, or future wages lost can be included.
  • Care Claim – If you have needed extra help around the home whilst recovering, you can include these costs.

No Win No Fee Personal Injury Claims Against Stena Line

Personal injury claims can be complex and so it is advisable to contact a personal injury lawyer to make your claim on your behalf. Understandably this may worry some people as legal help can be expensive. However, by using a No Win No Fee solicitor, it can be more affordable. A No Win No Fee solicitor does not ask for any payments before or during the claim process and if the claim is unsuccessful, you will not have to pay any of your solicitors fees. If the claim is successful, your solicitor may seek a small percentage to help cover their costs. This percentage is known as a success fee. Don’t worry, success fees are legally capped and will be agreed with you at the outset.

Why Choose The Legal Expert Team For Your Case?

Legal Expert is a team of experienced personal injury solicitors with a great track record of successful claims cases. They work quickly and efficiently to get the compensation their clients deserve whilst remaining open and honest about the progress of the claim at all times.

Legal Expert personal injury solicitors work on a No Win No Fee basis and offer great customer service. Click here to check out some of our reviews. Our solicitors will guide you through the legal process, debunking any legal jargon, and will update you every step of the way. And if at any time you have a query, they’ll be on hand to take your call.

Start Your Ferry Accident Claim

Start your Stena Line accident claim today by contacting Legal Expert on 0800 073 8804. They will discuss the nature of the claim with you, and if valid, will set to work straight away.

Supporting Information

How to claim for a work injury – A guide by Legal Expert that provides information on a frequently asked question of how to claim if you’ve been hurt in a work accident.

Slips trips and falls – Another of our guides providing information on claiming compensation if you’ve suffered a slip, trip or fall injury.

Broken furniture injury claims – If you were injured by faulty or broken furniture, this guide will be useful.

Cruise and ferry passenger rights – Further advice from ABTA can be found here for disabled persons and those with reduced mobility.

Food poisoning – Information from the NHS regarding food poisoning can be found here.

Other Guides Available To Check Out

Written by Hector

Edited by Billing

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.