Personal Injury: Wards Solicitors successfully negotiates passenger’s claim for damages after cruise ship sets sail into a cyclone
The importance of getting specialist legal advice from an experienced personal injury lawyer has been highlighted by a case recently settled by Wards’ Associate Solicitor, Richard Green.
Here he explains the legal process involved and the dogged determination and skilled understanding of personal injury law needed to effectively pursue a claim of this kind.
What happened in this cruise ship personal injury case?
Richard talks us through how the case unfolded: “I very recently negotiated settlement of a claim for damages for a gentleman who suffered personal injury while on a cruise with a luxury cruise line.
“The facts of this case stand out, and the extremely bad conduct and difficulties caused by the cruise line involved (the Defendant) and their lawyers is a clear example of why it is essential to get specialist legal advice from a lawyer who isn’t afraid to challenge and contest whenever needed.”
How was the personal injury sustained on this cruise ship?
“My client and his wife booked a cruise with a well-known luxury cruise line from Los Angeles to Miami.
“After an overnight stay in LA, in the early hours of the following morning, the ship departed LA – straight into a cyclone, causing the Claimant and other passengers to be thrown about inside the ship and suffer injury. Being hurt within hours of the start of the cruise ruined the entire trip for my client.
“Amazingly, when my client wrote to the cruise line company to complain, the Defendant’s initial response was that the ship was struck by a ‘rogue wave’, denying all responsibility, at which time my client contacted me for advice.”
How did Wards Solicitors handle the case and move it forward?
“I wrote to the cruise line company with a letter of claim. The letter set out a detailed list of documents that I expected the Defendant to disclose if they did not admit fault. Despite numerous chasing correspondence, I was met with nothing but holding letters and no documents materialised.
“I made an application to the High Court of Justice for an order to compel the Defendant to disclose any relevant documents it held, which the Court granted in August 2024.
“Despite this, and in clear contempt of the Court’s order, the Defendant’s lawyers continued to ignore my correspondence and refused to comply with the Court’s order.
“Unfortunately, this behaviour is not uncommon from cruise companies. It is for the Claimant (my client) to prove their claim and, without supportive documentary evidence (which is largely held by the Defendant), their hope is that the Claimant will eventually give up.
“Furthermore, inexperienced solicitors can mistakenly fall into the trap of thinking the normal time limit for personal injury claims applies – whereas cases involving accidents at sea are covered by The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea that provides for a two-year limitation period, which the Courts in England and Wales do not have power to extend.
“By not responding, the Defendant may well have hoped that an unwary claimant would mistakenly leave it too late to commence court proceedings.”
How did Wards Solicitors pursue the Defendant in this cruise ship personal injury case?
“Medical expert evidence was obtained, a schedule of loss was prepared and Court proceedings were commenced within the two-year time limit. It was only then that the cruise line finally disclosed some (but not all) of the documents they were ordered to by the Court.
“Despite only disclosing some of the documents, these documents included weather reports and emails between the ship’s captain, the Defendant and the Port of Los Angeles, which clearly showed that the Defendant knew of warnings for ships to stay in port. Los Angeles residents were directed to stay indoors due to the severe weather conditions.
“Indeed, the ship’s captain expressed his concerns directly to the Defendant and yet the Defendant directed the ship’s captain to set sail, risking the health and safety of all on board.
“The Defendant failed to acknowledge service of the court proceedings and failed to serve a defence, which necessitated an application for default judgment. When they finally served a defence, they maintained their denial of liability on the basis of the ship being hit by a ‘rogue wave’ rather than the cyclone that they sailed into – despite clear evidence the defendant knew of the storm and the risks to health and safety.
“Following consistent pressure from me, the Defendant finally entered settlement negotiations, and we were able to reach settlement.
“This case is an extreme example of the kind of poor conduct from Defendants that we as Claimant solicitors must deal with on a day-to-day basis. However, the Defendant in this case truly took the biscuit which illustrates the need for specialist advice from an experienced solicitor who is unafraid to take the fight to the Defendant when needed.”
Get in touch
Wards Solicitors wins high praise in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.
It also recommends our Personal Injury and Clinical Negligence Claimant Team with Associate Solicitor Richard Green highlighted as a key lawyer.
We have also recently been named as Bristol Law Society’s Regional Firm of the Year 2025 beating off stiff competition to scoop the award.
If you need expert legal advice in this area, please contact Richard Green at richard.green@wards.uk.com or on 0117 929 2811.
Click here to start your enquiry using our personal injury form. In most cases we act on a ‘no win no fee’ basis.