News

Wednesday 3rd July 2024

Navigating the Waters of Compensation for a Water Sports Injury that was not your fault.

Roger Henderson, a Specialist Personal Injury Solicitor at Rundlewalker in Exeter, outlines how water sports accidents can occur and explains how you might go about claiming compensation if an injury was not your fault.

Says Roger, "Water sports are a thrilling way to enjoy the great outdoors, but they come with inherent risks. Whether it's jet skiing, sailing, kayaking, or windsurfing, participants are often exposed to the elements and reliant on equipment and the conduct of others. When accidents happen, it’s crucial to understand your rights and the steps to take if the injury was not your fault. Whether you are enjoying the Jurassic Coast of East Devon or holidaying abroad, water sports injuries are one of the most common kinds of accidents for holidaymakers and local residents alike."

Common Causes of Water Sports Accidents
Water sports injuries can result from a variety of factors, including:
• Equipment Failure: Poorly maintained or faulty equipment can lead to serious accidents. For instance, a malfunctioning jet ski or a poorly rigged sailboat can easily cause harm.
• Inadequate Training: Operators and participants who are not properly trained can make mistakes that lead to accidents. This is especially true in activities requiring significant skill, such as sailing, windsurfing or water skiing.
• Operator Error: In cases where watercraft are involved, the negligence or recklessness of the operator can be a significant factor. Speeding, not following safety protocols, or being under the influence of alcohol or drugs can all contribute to accidents.
• Environmental Factors: Sudden changes in weather, hidden underwater hazards, and strong currents can also play a role in water sports accidents. While these are often unforeseeable, there can be liability if proper warnings or measures were not in place.
• Lack of Safety Measures: Insufficient safety measures such as inadequate life jackets, lack of supervision, or failure to provide safety briefings can increase the risk of injury.

Steps to Take Following a Water Sports Injury
If you’ve been injured in a water sports accident and believe it was not your fault, there are several important steps to take:
• Seek Medical Attention: Your health is the priority. Get medical help immediately and ensure your injuries are properly documented. This documentation will be crucial for any compensation claim.
• Report the Incident: Notify the responsible party or facility where the accident occurred. Ensure that an official report is made, and you get a copy.
• Gather Evidence: Collect as much information as possible. Take photographs of the accident scene, your injuries, and any equipment involved. Obtain contact details of any witnesses and make a note of their statements.
• Keep Records: Maintain a detailed record of all related expenses, including medical bills, travel costs, and any loss of earnings due to the injury.

Claiming Compensation
To successfully claim compensation for a no-fault water sports injury, it is essential to prove that another party’s negligence caused your injury. This might include:
• Proving that equipment was faulty or not properly maintained.
• Showing that the operator or facility failed to provide adequate safety measures.
• Demonstrating that you were not given proper instruction or warnings about potential hazards.

Summarising, to successfully bring a claim, you need to show the organiser was negligent. This means proving they owed you a duty of care, they failed in that duty, and you were injured as a result of that failure. For most water sports accidents, negligence would be found if the organiser had failed to act how a ‘reasonable man’ or the famous ‘man on the Clapham omnibus’ would act in a similar situation.

How Rundlewalker Can Help You
• Investigating Your Claim: We will thoroughly investigate the circumstances surrounding your accident to establish liability.
• Gathering Evidence: Our team will collect all necessary evidence to support your claim, including expert testimonies if required.
• Negotiating with Insurers: We will handle all communications with insurance companies, ensuring that your case is presented effectively, and your rights are protected.
• Representing You in Court: If necessary, we will represent you in court to fight for the compensation you deserve.

Conclusion
Water sports can be incredibly enjoyable, but accidents can and do happen. If you’ve been injured in a water sports accident that was not your fault, it’s important to take swift action to protect your rights. The implications can be very serious, physically, emotionally, and financially. You need to act swiftly and get the right legal advice. The highly experienced Accident and Injuries Team at Rundlewalker is available to you. Simply contact us now to discuss your legal situation and we can advise you of the options available. Please call Roger Henderson on 01392 209218 or email roger.henderson@rundlewalker.com

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"Thank you to Rundlewalker for the excellent help and advice given for my personal injury case. Roger was experienced, diligent, knowledgeable and highly organised, as well as great at providing updates at each step of the way. The USP for me (amidst a  variety of alternative online offers) is that the firm is LOCAL and accessible, and it's possible to speak to a lawyer in person; this can make all the difference, especially when the going gets tough, and this generates trust." Anon.

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"Roger did an outstanding job with my accident claim. Despite difficulties along the way, his persistence and commitment paid off and I received compensation. I would recommend them fully to take on your case. Thanks again." L.J.

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“I am very pleased with the outcome of my claim and was awarded a very large settlement thanks to Roger Henderson and his team at Rundlewalker. I felt assured that everything was taken into account and I was kept thoroughly informed throughout the entire claim process. Roger went above my expectation to get me the compensation I deserved, following an horrendous RTA. I would have no hesitation in recommending this firm to anyone who is seeking an honest and professional service.”

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This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.