We acted for a client regarding a personal injury claim arising out of an accident whilst sailing off the coast of Morocco. Our client and her husband chartered a boat with a skipper to travel in an organised flotilla from Gibraltar to Morocco to attend a property investment weekend that included presentations, a dinner and a barbecue.
However, the original skipper and boat on which they had sailed to Morocco was unable to transfer them to the barbecue or to return them home. They were offered a lift aboard another motorboat owned by the defendant.
Due to choppy seas, there were difficulties in anchoring the boat at the beach where the barbecue was to take place so the dinghy was lowered to take people to the shore. Expressions of concern that this was unsafe were overruled by the boat owner and our client and her husband agreed to go in the dinghy. However, it capsized on the way at which point the boat owner allegedly admitted it was the first time he had taken people out in the dinghy.
On the return trip in the dinghy, as our client was stepping onto the platform at the back of the boat, a large wave lifted the boat and dragged it away. Our client was left hanging off the platform of the boat as the wave struck causing her to lose her grip and break her arm.
Our client underwent several operations but was left with permanent symptoms as a result of the accident.
Although the defendant denied liability, we also raised the issue of contributory negligence and were successful in obtaining damages of £65,000.
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