How To Make Sailing Personal Injury Claims

Have you been injured in a sailing accident due to a third party’s negligence? Do you want to know how sailing personal injury claims are made? This guide will explain accident responsibility, why you can make a claim and what injuries you could claim for. We will also explain how much compensation you could receive as well as the benefits of hiring one of our No Win No Fee lawyers.

Sailing personal injury claims guide

Accidental injuries can be life-altering events affecting your day-to-day activities and your well-being. Sailing accidents can be notably unsettling. It can impact your physical health, mentality, and employability and can put a strain on your relationships.

Our advisors can offer free, legal advice for your sailing personal injury claim and help determine whether you have a valid case. Once they have evaluated your case and if it proves valid they may pass you on to our personal injury solicitors. All cases taken on will be conducted under a No Win No Fee agreement.

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A Guide To Sailing Personal Injury Claims
Who Could Be Responsible For A Sailing Accident?
Why Make Sailing Personal Injury Claims?
What Injuries Could You Claim For?
How Much Could Sailing Personal Injury Claims Be Worth?
Check Who Could Make Sailing Personal Injury Claims

A Guide To Sailing Personal Injury Claims

In this guide to sailing personal injury claims, we will explore what legislations apply when involved in a boat activity centre accident. This particular article is focused on accidents that can happen on the water when sailing for recreational purposes such as at rowing or sailing activity clubs.

The Adventure Activities Licensing Regulations 2004 (AALR) and Activity Centres (Young Persons’ Safety) Act 1995 (ACA) are two pieces of legislation that outline certain requirements of those who provide out door activities for young people.

Service providers owe those that use their premises and and equipment a duty of care. This will involve taking all reasonable steps to ensure the public’s safety. If this duty of care is breached resulting in an accident that causes an injury or illness then they could become liable for damages.

For what falls in line with a duty of care read on. You can also contact our advisors who can provide you with free legal advice.

Sailing Safety Statistics

The Health and Safety Executive (HSE) documented that under the Labour Force Survey there were 1,400 per 100,000 self-reported workplace injuries in the art, entertainment and recreation industry reported in the last 12 months.

Marine Accident Investigation Branch MAIB investigate marine accidents. It focuses on UK vessels’ worldwide accidents. In 2019, 1,090 accidents were reported to MAIB. Further statistics show:

433 Accidents to people that did not cause injury to the vessel were not included in the overall figure.
11 Accidents which included 12 vessels were very serious
Whereas, 367 accidents – 403 vessels were less serious.

Who Could Be Responsible For A Sailing Accident?

Do you work at a sailing club or are you a sailing instructor hired by an activity centre? If so, you are owed a duty of care by your employer through The Health and Safety at Work etc Act 1974 (HASAWA) which outlines health and safety regulations that all employers must follow.

Employers are subject to the HASAWA legislation to take reasonable steps in keeping their employees and those that visit their premises safe. Some examples of the steps an employer can take include:

Maintain Equipment – All equipment supplied by an employer in the workplace should be regularly inspected and maintained so that any faulty equipment can be identified at the earliest possible moment.
Providing personal protective equipment (PPE) – Per The Personal Protective Equipment at Work Regulations 1992 employers should provide employees with free and relevant PPE where necessary.
Provide training – All staff should receive free training on how to conduct work tasks safely. When employees do not receive adequate training they cannot only be a risk to themselves but also to others.

There are certain activities that those under 18 partake in where the organisation needs a licence. Both The Adventure Activities Licensing Regulations 2004 (AALR) and Activity Centres (Young Persons’ Safety) Act 1995 (ACA) mean that certain activity centres must be inspected, hold a licence and also supply instructions on the activities.

The Occupier’s Liability Act 1957 applies a duty of care to those that are in control of spaces that the public use. So those who provide sporting activities in an activity centre must also abide by this legislation too. Taking reasonable steps to ensure that those that use their service are kept safe and well.

When a duty of care is breached that causes an accident and subsequently an injury those who suffered harm may be eligible to make a personal injury claim.

Contact our advisors if you have any questions about health and safety legislation.

Why Make Sailing Personal Injury Claims?

There are many reasons you may want to make sailing personal injury claims. Your injury could have affected your life in innumerable ways and you may want to recover compensation for your injuries.

Injuries can often accrue unforeseen costs as you are not able to operate as normal. These costs fall under special damages and can include:

Travel to and from medical appointments
Medical procedures sought outside the NHS
Child care costs

Further in this article, we will explain eligibility for potential compensation and the compensation brackets that can reflect pain and suffering.

Types Of Sailing Accidents

There are many ways accidents can happen while out sailing which can result in injuries. Some examples can include:

Hitting another vessel’s wake
Colliding with objects beneath the surface, i.e. rocks, coral reefs, shipwrecks or sandbanks
Crashing into another vessel
Tackling large waves

Open water can pose threats and can be unpredictable, however, abiding by proper rules and regulations can mitigate the risks as protocols and training are provided for that purpose. If injuries are caused by negligence, you may have grounds to make a sailing personal injury claim.

What Injuries Could You Claim For?

Sailing can be a very physical sport often requiring a lot of experience and strength. If you are injured while out sailing there are many injuries that could occur some far worse and more severe than others. However, these can include:

Collar bone fracture
Back Injuries and
Ankle sprains
Damage to the rotator cuff
Patellofemoral pain syndrome, i.e. knee cap injury
Bone fractures, i.e., in the hand
Drowning
Head injuries

However, to claim you must prove that negligence contributed to your injuries. For advice, on how to prove negligence contact our advisors today.

How Much Could Sailing Personal Injury Claims Be Worth?

When your claim is successful you will receive compensation for damages. The harm and suffering sustained due to your injury are covered by general damages. Guidelines by The Judicial College help to value this part of your claim. The below table shows amount brackets for general damages divided according to the severity and type of injury:

Edit
Injury	Compensation	Notes
Fracture of clavicle (e)	£4,830 to £11,490	Award depends on the extent of the fracture, disability level, continuing symptoms and the permanence of symptoms.
Serious shoulder injury (b)	£11,980 to £18,020	Shoulder dislocation and lower brachial plexus pain affecting the shoulder, neck and elbow. Sensory symptoms in the hand and forearm, grip weakness and fractures humerus causing shoulder movement restrictions. Cases of rotator cuff injury with lasting symptoms post-surgery and intrusive soft tissue injury will fall within this bracket.
Severe knee injury (i)	£65,440 to £90,290	Joint disruption, osteoarthritis developments, severe ligament damage, lengthy treatment, notable pain and function loss. Arthroplasty or arthrodesis is inevitable or has taken place.
Moderate knee injury (i)	£13,920 to £24,580	Injuries involving a torn cartilage, dislocation or meniscus tears causing minor instability, wasting, weakness or other mild future disabilities.
Modest ankle injury (d)	Up to £12,900	Less serious, minor, undisplaced fractures, ligament injuries or tears. Award amount is determined by the extent of recovery, tendency to give way, scarring, aching or discomfort, movement loss and long term osteoarthritis.
Severe back injury (i)	£85,470 to £151,070	Spinal cord and nerve root damage combine into very serious consequences. Severe pain, incomplete paralysis, considerable bladder, bowel and sexual function impairment.
Minor back injury (ii)	£7,410 to £11,730	Complete recovery between two to five years without surgery. Also applies to short-term exacerbation and acceleration.
Minor brain or head injury (e)	£2,070 to £11,980	No, or minimal, brain damage. Compensation is effected by initial injury severity, recovery period, persisting symptoms, and headaches.
Severe fractures to fingers (f)	Up to £34,480	May lead to partial amputations resulting in grip impairment, deformity, reduced motor function and disturbing sensation.
Less serious hand injury (g)	£13,570 to £27,220	Severe crushing injuries causing notable function impairment without surgery or despite operative treatment.

Edit

Injury Compensation Notes

Fracture of clavicle (e) £4,830 to £11,490 Award depends on the extent of the fracture, disability level, continuing symptoms and the permanence of symptoms.

Serious shoulder injury (b) £11,980 to £18,020 Shoulder dislocation and lower brachial plexus pain affecting the shoulder, neck and elbow. Sensory symptoms in the hand and forearm, grip weakness and fractures humerus causing shoulder movement restrictions. Cases of rotator cuff injury with lasting symptoms post-surgery and intrusive soft tissue injury will fall within this bracket.

Severe knee injury (i) £65,440 to £90,290 Joint disruption, osteoarthritis developments, severe ligament damage, lengthy treatment, notable pain and function loss. Arthroplasty or arthrodesis is inevitable or has taken place.

Moderate knee injury (i) £13,920 to £24,580 Injuries involving a torn cartilage, dislocation or meniscus tears causing minor instability, wasting, weakness or other mild future disabilities.

Modest ankle injury (d) Up to £12,900 Less serious, minor, undisplaced fractures, ligament injuries or tears. Award amount is determined by the extent of recovery, tendency to give way, scarring, aching or discomfort, movement loss and long term osteoarthritis.

Severe back injury (i) £85,470 to £151,070 Spinal cord and nerve root damage combine into very serious consequences. Severe pain, incomplete paralysis, considerable bladder, bowel and sexual function impairment.

Minor back injury (ii) £7,410 to £11,730 Complete recovery between two to five years without surgery. Also applies to short-term exacerbation and acceleration.

Minor brain or head injury (e) £2,070 to £11,980 No, or minimal, brain damage. Compensation is effected by initial injury severity, recovery period, persisting symptoms, and headaches.

Severe fractures to fingers (f) Up to £34,480 May lead to partial amputations resulting in grip impairment, deformity, reduced motor function and disturbing sensation.

Less serious hand injury (g) £13,570 to £27,220 Severe crushing injuries causing notable function impairment without surgery or despite operative treatment.

Contact our advisors today for more information on what you can receive for compensation for an injury on a boat.

Check Who Could Make Sailing Personal Injury Claims

If you believe you have grounds for a claim, we encourage you to contact our advisors as they can help determine whether your claim is valid and they may pass it to our expert No Win No Fee solicitors.

A No Win No Fee agreement, or more specifically a Conditional Fee Agreement (CFA), is a way to hire a lawyer’s services without paying an upfront cost and paying no solicitor fees if the claim fails to be successful. The lawyer will only take a small, legally-capped success fee when the claim is won.

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