Motor Boat Claim – Negligent speedboat operator
Our client sustained serious injuries whilst riding a ‘sea-biscuit’ which was being pulled by a speed boat.
As a result of the accident our client sustained significant injuries, which required surgical intervention. The outcome of her surgery, although positive, left her with ongoing problems that predominantly affected her ability to undertake domestic tasks around the home.
The main issue in this matter was proving that the operator of the speedboat was negligent in causing the accident, and that his negligence caused our client’s injuries. Accordingly, it was necessary to obtain an expert report liability in relation to the duties of the boat driver to provide adequate safety instructions and maintain a reasonable and safe speed while conveying passengers of the sea biscuit. In order to obtain the full facts in relation to the make, model and power of the speedboat, the matter was commenced in the Sydney District Court and various subpoenas were issued. When the defendant then refused to provide the relevant information, a Motion was brought before the court where our client successfully argued for the information to be compelled from the defendant. Once this was obtained, our client was able to fully brief her expert in relation to the circumstances of the accident and a report on liability was obtained.
To then fully assess damages, an orthopedic surgeon and occupational therapist assessed our client, and comprehensive reports were also obtained from her treating surgeon, GP and physiotherapist. Numerous witness statements were also obtained in relation to the circumstances of the accident and our client’s ongoing restrictions.
As a result of the above the defendant was eager to resolve the matter prior to a court hearing, and our client was able to successfully negotiate a settlement of $350,000 plus costs for her injuries at mediation.