If a person suffers an injury, of any sort, whilst travelling on a “vessel used in navigation”, that person has 2 years to bring the claim otherwise the claim is barred. This is in accordance with The Merchant Shipping Act 1995 (which applies The Athens Convention). This on its own is unusual because the normal time limit to bring a personal injury claim in England and Wales is 3 years.
The term “vessel” includes hovercrafts but it does not include jet-skis as the rider sits outside it and not in it. As such, a “vessel” includes small inflatable ribbed boats. Ultimately, if the vessel is capable of going to see, then it is a “vessel”.
“Navigation” involves moving from Point A to Point B. A boat travelling on reservoir is not in the course of “navigation” as it has been found that messing about in boats is just that, and not travelling.
The injuries covered also include accidents that happen onboard, whether caused by the carrier, the employees, crew or agents. Food poisoning and infections caused on board, along with any medical negligence by crew is also covered under this 2-year time limit.
Embarkation and disembarkation is also classed as being on the boat. Walking down a set of steps which are free-standing and not part of the boat (but rather a semi-permanent structure on a shore or beach) is classed as being on the boat. You are ‘not on the boat’ when disembarkation has been completed (i.e. when the passenger is ashore). Steps or ramps are part of the disembarkation equipment.
However, the 2-year time period does not necessarily start from the date of the injury. It starts from the date of disembarkation (or in the case of death, the date the passenger should have disembarked).
For support on this matter, please call us on 0151 230 8931 or email philip@whitecollarlegalandadmin.com