Passenger Claims:

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Handling an accident on board

How can an owner deal with passenger injuries?
There are two distinct aspects to dealing with passenger injuries. They are:
 

Both require proper training as even well-run vessels have passenger accidents and it is important that everyone knows what to do when an incident occurs.

Looking after the passenger

The most difficult area in dealing with passenger claims is handling the injured person and their relatives.

Supporting the passenger
Many owners are wary of talking or allowing their crews to talk to injured passengers. It can be a difficult and sometimes upsetting job. Many perhaps fear that they might say or do something which may later be used against them.

An injured passenger suffering from pain and shock needs support. Our experience has shown that the one thing which will always guarantee a claim is to ignore them. Leaving an injured passenger to his own devices inevitably results in feelings and emotions being channelled into anger and resentment against the vessel, its owners and crew. Your crew need to be trained, not only in first aid, but in how to deal with people. This is a particularly sensitive area which requires tact and patience.

Passengers must never be given the impression that their injury is considered trivial. It must be taken seriously. It is important that the Captain or some other senior person should take time to visit the casualty to show concern for their well being and enquire whether they are being properly looked after. Injured passengers should never be left on their own and crew members with a sympathetic personality should be detailed to provide full-time care while they remain on board the vessel.

Medical Advice
Following accidents on board which resulted in passenger injury we have experienced cases whereby Members have been criticised for not obtaining professional medical advice for injuries which, to the crew, have not appeared at all serious. If a passenger sustains an injury, consideration should be given to obtaining professional medical advice. For smaller operators it would prove beneficial to have the telephone numbers of the local casualty department available on board.

Avoid discussing liability
Crew members assigned to deal with accident victims should be instructed to avoid, where possible, discussing liability with the passenger, their friends or family. In particular they should avoid any statements which might suggest that the vessel or its crew were at fault in any way. Equally however they should avoid suggesting to the passenger that it was their fault as no-one likes being told that they are in the wrong. This can often be a difficult task, for even if the accident was not the ship's fault the owner must still accept ongoing responsibility for the welfare of his passenger.

Avoid, if possible, discussing liability with the passenger, their friends or family.

Establishing rapport
People sue their enemies, but rarely sue their friends. It is therefore important that the crew member assigned to deal with an injured passenger should try to establish a friendly rapport with them. If a passenger requires medical treatment ashore we would recommend that a crew member takes them to the hospital or clinic. The crew member should ensure that everything possible is done to alleviate any worries or concerns they might have, for example ensuring relatives are contacted. In general however you should not agree in advance to pay for medical treatment unless the accident is clearly your fault.

The object of this exercise is to establish you and your Company as 'nice people' because nice people don't often get sued.

If the passenger is discharged from hospital or clinic we would again recommend that consideration be given, in appropriate cases, to accompanying them back to their hotel, home or other residence and ensuring they are settled comfortably before being left. The object of this exercise is to establish you and your Company as 'nice people', because nice people don't often get sued. The crew member or representative assisting the passenger should be encouraged to call them a few days later to see how they are getting on. Once again the objective is to convey an image of concern and compassion without suggesting in any way that the vessel was at fault. Often, expressions of concern, without admission of liability, can help significantly to defuse the situation. Damaged clothing, property or other financial loss should never be ignored as they can trigger an injury claim. An immediate offer of replacement or dry cleaning, if appropriate, can often nip a potential claim in the bud.

Caring for relatives
When handling injured passengers it is also important not to neglect the relatives of the injured party. We have seen many incidents where a claim has been progressed not by the injured party themselves, who may feel embarrassed, but by the relatives, particularly spouses, who become protective. Anyone who has contact with the claimant and their friends or family should listen very carefully to what they say to try to identify potential problems and deal with them before they develop.

You should always try to look at the situation from the passenger's point of view. Think about how you would like to be treated if this had happened to you, and if possible treat your passengers accordingly. Equally think about what would annoy you and make you angry and try to avoid dealing with your passengers in that way.

You should always try to look at the situation from the passenger's point of view.

The costs incurred in caring for passengers in this way are minimal in comparison to the cost of a single lawsuit. It is worth bearing in mind that in minor accidents legal fees often outstrip the actual cost of the claim itself.

Keeping adequate records

As we have said, courts are increasingly sympathetic to the interests of a person who claims to have suffered an injury on board a vessel.

The log book
While in theory the passenger is supposed to prove his case, in practice it is often the other way round with the vessel owner having to disprove the passenger's allegations.

One of the most difficult situations for us is when, long after the event, an owner receives a summons to court to defend a claim for damages arising out of an incident that occurred several months previously when no investigation has taken place or records have been kept. In those circumstances it is often difficult to find anyone who can recall the incident clearly enough to give evidence to refute the claimant's allegations. It is therefore most important that even the most minor injuries on board a vessel are recorded, albeit briefly, and weather conditions and sea state are properly recorded in the log book.

Witnesses
In more serious cases, when it is clear that a claim may be made, a thorough investigation and documentation procedure is necessary. Perhaps the most important single factor in protecting your position is recording the names and addresses of witnesses to the accident, both passengers and crew, so that they can be contacted at a later date.

Crew members should be required to make and retain sufficient notes about the circumstances of the accident to enable them to recall events with sufficient clarity that they will be able to give a formal statement to lawyers defending your interests if this should ultimately become necessary.

Environmental conditions
The location of the incident should be carefully examined to confirm the state of the deck surfaces, lighting and other details. Where possible photographs of the area should be taken immediately after the accident. We would recommend you provide each vessel with a camera. The disposable kind equipped with flash is ideal for this purpose. If the incident involves failure of ship's gear the items should be carefully preserved for further examination.

Nature of injuries
Full details of the injured person should be taken and notes should be made of any factors which might have contributed to the accident, such as physical disabilities, intoxication, unsuitable clothing or footwear. The nature of the injuries the passenger receives should be noted in as much detail as possible together with details of any medical treatment or first aid given on board the vessel. Those rendering assistance should be identified. Details of when and how the passenger leaves the vessel together with where they are going, for example hotel, home, hospital or clinic, should be recorded. Careful note should also be made of any comments the passenger might make such as, "I should have been more careful" or "I wasn't looking where I was going".

Accident report form

The Club's Passenger Accident Report Form sets out the essential information that ought to be recorded. A copy of the report form is contained in Annex 4 and it can also be downloaded from our web site www.shipownersclub.com. We would stress that we do not require Members to use our form. Bespoke forms are entirely acceptable. The Club's version is however an indication of the minimum information required. Experience has shown that in many cases it has been useful to encourage a passenger to write an account of the events leading to their accident. This has a number of advantages including giving them an early opportunity to vent their feelings to someone higher in the company structure than the ship's staff.

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