PERSONAL LEGAL INJURY CLAIMS
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Boat Case
2011-02-09
Claimant on hired boat in the process of operating a winch when suddenly without warning the canopy shot back and down striking the Claimant on the head and pinning the Claimant between the rear structure of the cockpit and the closed roof. The applicable law was difficult to establish but was eventually run under the The Occupiers Liability Act s2 ss2 – 6 inclusive. In addition there were limitation issues. The accident occurred on open water and there was a running dispute with the Defendant as to whether limitation was 2 or 3 years. Liability was disputed until proceedings were issued when the Defendant settled at £12,000. Our risk assessment suggested that anything around £10,000 would be a good settlement.


