Maritime Accident Claims

Every journey on the water carries risks when safety standards are ignored or negligence occurs. Accidents on boats, ferries, or other watercraft often result in injuries that disrupt lives and cause lasting consequences. Good & Murray Smith LLP specialises in personal injury claims, helping victims of these accidents pursue compensation, holding responsible parties accountable.

How Negligence Contributes to Maritime Accidents

The following are some instances where negligence can result in boating accidents:

• Poor maintenance: Equipment failure due to lack of upkeep.
• Inadequate safety measures: Missing or damaged life jackets, lifeboats, or fire extinguishers.
• Lack of training: Operators or crew unqualified to handle emergencies or follow safety protocols.
• Overcrowding: Exceeding passenger limits on vessels.
• Unsafe conditions: Wet decks, unsecured equipment, or unmarked hazards.

Establishing negligence is critical in pursuing a successful claim, and this is where our legal expertise is vital.

Common Maritime Accidents

Maritime accidents can happen in various ways. Some of the most common incidents include:

• Collisions: Crashes between vessels, with stationary objects, or with land, often caused by operator error, poor weather, or mechanical failure.
• Slips, trips, and falls: Injuries caused by wet or uneven surfaces, unsecured items, or inadequate safety measures.
• Falling overboard: Often resulting from a lack of safety barriers or failure to follow safety procedures.
• Capsizing and sinking: Often due to overcrowding, poor maintenance, or navigational errors.
• Equipment failures: Injuries caused by defective or improperly maintained machinery, life jackets, or safety devices.
• Falling objects: Items such as cargo, equipment, or debris falling and striking passengers or crew.
• Food poisoning or illness: Poor hygiene standards or contaminated water aboard vessels leading to illness.
• Operator negligence: Excessive speed, recklessness, or failure to adhere to navigation laws.
• Lack of safety protocols: Failure to provide appropriate safety measures, such as life jackets, evacuation plans, or adequate signage.

Common Injuries in Maritime Accidents

The injuries sustained during boating and watercraft accidents can vary widely in severity. Some of the most frequent injuries include:

• Broken bones and fractures: From falls or collisions.
• Head and brain injuries: Caused by impact or lack of safety barriers.
• Drowning and near-drowning injuries: Such as hypoxia or brain damage due to lack of oxygen.
• Lacerations and burns: From contact with sharp objects or faulty machinery.
• Spinal and neck injuries: Often resulting from falls or collisions.
• Soft tissue injuries: Sprains, strains, and bruising.
• Psychological trauma: Anxiety, PTSD, or emotional distress following a serious accident.

Steps to Take After a Maritime Accident

If you’ve been involved in a maritime accident, taking the right steps can significantly strengthen your claim:

• Seek medical attention immediately: Obtain treatment for any injuries and ensure they are documented.
• Report the accident: Notify the vessel operator, employer, or appropriate authority, such as the Coast Guard or local harbour authority.
• Gather evidence:
  • Take photographs of the accident scene, your injuries, and any contributing hazards.
  • Collect the contact details of witnesses who can corroborate your account.
  • Retain any receipts or records of expenses incurred due to the accident.
  • Obtain a copy of the incident report from the vessel operator or relevant authority.
• Record all medical treatment: Keep a detailed account of any medical care, diagnoses, and prescriptions received following the accident.
• Consult a solicitor: Contact a specialist solicitor as soon as possible to ensure your case is handled correctly from the outset.

Compensation for Maritime Accidents

Compensation for maritime accidents typically falls under two categories:

• General damages: Covering non-financial losses such as pain, suffering, and emotional distress caused by the accident.
• Special damages: Covering out-of-pocket expenses such as:
  • Medical costs (both immediate and ongoing treatment).
  • Lost earnings (current and future income losses).
  • Travel expenses for medical appointments or alternative transport.
  • Rehabilitation and therapy costs.
  • Costs of modifications to your home or vehicle if required due to injury.

Who Can Claim Compensation for a Maritime Accident?

Anyone who has suffered an injury due to a maritime accident caused by someone else’s negligence may be eligible to claim compensation. This includes:

• Passengers: Injuries sustained during leisure trips, cruises, or public transport on ferries.
• Crew members and workers: Employees injured while working on boats, ships, or other vessels due to unsafe working conditions, inadequate training, or faulty equipment.
• Other watercraft users: Individuals injured by collisions or unsafe practices while operating or being aboard smaller watercraft, such as speedboats or jet skis.
• Swimmers and bystanders: People injured by boats in marinas, docks, or open water.

If the accident was not your fault and a third party’s negligence can be proven, you may have a case for compensation. This applies whether you were at work, on holiday, or engaging in recreational activities. Even visitors to ports or docks who suffer accidents caused by poor maintenance or hazards can pursue a claim.

Time Limits for Maritime Accident Claims

Claims for maritime accidents are subject to strict time limits. Under the Athens Convention, claims for injuries aboard ships must be filed within two years of the date of disembarkation. For other maritime accident claims, the Irish Statute of Limitations stipulates that you have two years minus one day from the date of the accident or your “date of knowledge” (when you became aware of the injury’s severity). It’s essential to act quickly, as evidence can be lost or degraded over time, and strict deadlines must be met.