A UK holidaymaker has told how she feared for her life after suffering a fracture to her spine on a water taxi crossing between Fuerteventura and the island of Lobos.
The woman, of Chelsea, London, was holidaying with her daughter and had spent the day on the uninhabited island and nature reserve after a calm crossing from the mainland that morning.
However, by the time they were due to make the return journey at around 3pm, she says conditions in the Atlantic Ocean had changed drastically, meaning they faced huge waves, on a boat without fixed seats or lifejackets.
The woman, 54, who was recently awarded a £15,000 damages settlement for the injuries abroad she suffered recalled:
It was absolutely horrendous, one of the worst experiences of my life,
The crossing in the morning was fine, and I must admit that at that point I’d not really been concerned by the fact that there were no fixed seats on the boat, or the fact that we weren’t given life jackets. It was a pleasant experience.
However, when it was time to return, the sea was really rough, so much so that the captain struggled to get the boat to the area where we had to board the boat. It must have taken him about 15 to 20 minutes to get to the steps where we were waiting.
Once we got out to sea the waves were huge, probably about 8ft high, and I was immediately uncomfortable with the conditions and how fast he was going.
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‘Excruciating pain’ felt down back after boat jumped waves
The woman says the boat had ‘music blasting out’ as some passengers encouraged the captain to ‘jump’ waves on the return crossing. She said:
We went over a huge wave and I was thrown up into the air and I was slammed back down into my seat. I immediately felt the most excruciating pain in my back and I was completely unable to steady myself,
Because I screamed out so loudly and was clearly in so much pain he stopped the boat, but because the sea was so rough it felt like the boat was going to tip over, and that would have been me in the water, with a broken back and no life jacket.
She recalls the immediate moments afterwards as being of ‘complete panic’ as she struggled to make her way to a hard seat, which had a rope to hold onto, at the front of the boat next to the captain, reaching out for her daughter as she feared the boat would tip.
I still get flashbacks to that moment. I can remember my daughter trying to get to me and help me and the boat rocking, and I was fearing we’d all end up going overboard.
I remember the captain saying he couldn’t leave the engine off and that we had to go; thankfully we got back to Fuerteventura, but it was a hairy experience the rest of the way.
My daughter had to hold me down to prevent me from being thrown into the air again. I used my arms to keep my body weight off my back for the remainder of the journey. I was in absolute agony.
Fractured spine confirmed at hospital
Once back at Fuerteventura, she was seen in a medical centre and fitted with a brace, before being taken to hospital by ambulance where she was told she had fractured her spine and was given an injection for the pain.
She returned to the water taxi company the following day, having been advised to ensure she had documentation detailing the accident, signed by the operators to confirm she had been injured on their boat.
I was told by a man who was working at the ferry port, who was from London, that even the ferries had not been out that afternoon because it was so dangerous, and when I thought back I couldn’t remember seeing many other boats in the sea.
He said that I had to get this form filled in and signed by the water taxi operators, and that if they refused to sign it, I should go to the police.
Legal experts instructed to make case for compensation
On returning home the woman contacted Hudgell Solicitors’ specialist injuries abroad compensation claims team, and a claim for damages was made on her behalf against the boat trip operators, Fuertecharter, which is based in Corralejo, Las Palmas.
Solicitor Paul McClorry said it was a challenging case, which ultimately saw Fuertecharter and their insurer served with English legal proceedings, to ensure the best outcome could be secured.
It was certainly helpful that my client had been advised to fill in the form to ensure she had evidence of where the accident happened and how. She also had video footage.
We always advise anyone injured in an accident abroad to gather as much evidence as possible, whether that be through signed documents, photographs or witness statements, as proof of where an injury occurred can sometimes be a difficult hurdle to overcome.
This proved a difficult case secure the damages my client deserved as we were initially only able to identify compulsory insurers of the water taxi firm, who had a maximum limit on compensation of just €3,000.
We knew the water taxi firm also had public liability insurers, but it was a struggle to identify them and they would not voluntarily provide details for some years.
To do so we had to serve English legal proceedings against both the water taxi company, and their compulsory insurers. They then instructed English lawyers, and we were able to identify the public liability insurers to pursue a higher level of damages and a reasonable level of compensation for our client.
English and Spanish legal expertise provided
Mr McClorry said ensuring the case was dealt with via the English courts ensured his client was able to benefit from being represented by an English lawyer, with access to the English Court system, and be seen by English medical experts, rather than the case being led and investigated in Spain.
Significantly, it also meant legal costs could be recovered from the insurer, which would not have been the case had the matter been heard in Spanish law, where legal costs are usually deducted from a Claimant’s damages.
The result was a final damages settlement which was well in excess of that which would have secured had the case been run through the Spanish legal system.
At times this was a hugely challenging case. That is often the case when people are injured on holidays which they have not organised through a package holiday specialist, which bring greater protection should something go wrong.
In this case we had to commit significant legal resource and cost to bring it to a successful conclusion. This was a really good example of how the “no win, no fee” legal agreement can really help people to fight for and secure justice. We had a team of specialist English and Spanish lawyers working on the case on my client’s behalf.”
The woman added:
It was a long process but the legal team at Hudgells were really supportive and worked so hard to get the best result for me. I still think back and thank my lucky stars that I didn’t end up in the water. I’m fortunate to still be here to tell the tale.
What are accidents & illness abroad claims?
If you or a member of your family have come to harm as a result of an injury abroad or you have fallen ill because of the actions of someone else, then you may have the right to seek compensation.
Our expert travel litigation solicitors can offer specialist legal representation to those affected by holiday accidents or injuries, with the compensation you receive helping to cover the cost of ongoing treatment, potential loss of earnings, and costs incurred due to changes to your holiday plans.
Read more: Experts in Holiday Accidents & Injury Abroad Solicitors
