With the holiday season underway, a large number of Australians will have departed from airports and cruise terminals for a well-deserved and relaxing break in order to welcome the New Year.
However, with approximately 3,000 Australians dying or sustaining injury whilst on holidays every year, it is important to know what your rights are and what steps are available to you if an accident occurs.
Injuries sustained on a cruise ship, or whilst holidaying abroad
Action can be brought against cruise ship operators and holiday service companies for claims arising from breach of contract, negligence and claims pursuant to the Australian Consumer Law, such as claims for breach of statutory guarantees.
Cruise ships and holiday service companies are bound by a comprehensive set of laws to ensure that those injured by the negligent conduct of others receive fair and just compensation for their injuries, as well as for the distress and disappointment of having their holiday plans ruined.
Pursuing claims for compensation suffered on a cruise ship or whilst on holidays often involves complex areas of law, and a thorough understanding of the interplay between Commonwealth Australian Consumer Law and State Legislation. Accordingly, it is important that you consult experienced maritime and travel law solicitors as soon as practicable in the event that you sustain injury on a cruise ship vessel or whilst holidaying abroad.
Injuries sustained on an Aircraft
Similarly, if you have been injured by an aircraft or in an aircraft accident, you may be able to claim compensation from the airline, manufacturer or maintenance engineer, pursuant to Article 17 of the Montreal Convention of 1999, which was ratified by Australia and incorporated into the Civil Aviation (Carries Liability) Act 1959 (Cth).
Damages that can be claimed include compensation for pain and suffering, lost income, medical expenses and impairment, and will be calculated according to the law where the claim was brought. Australia has a two-year time limit in order to make a claim for commercial flight accidents and it is recommended that such claims are pursued as soon as possible, preferably within one year of the accident.
Aviation claims are challenging and require a comprehensive understanding of flight policies and procedures, as well as experience navigating a variety of jurisdictional issues that may arise.
At Shine Lawyers, we have a team of expert lawyers that specialise in Maritime Claims, Aviation Compensation Claims and Travel Law, who can provide you with expert advice and help you to obtain compensation if you’re injured this holiday season. Contact us today for an obligation free assessment of your claim.
Written by Shine Lawyers. Last modified: January 16, 2019.