A passenger who suffered broken bones after a cruise ship sailed through a storm near the Canary Islands has launched legal action for damages.
Law firm Hudgell Solicitors says Saga Cruises exposed passengers onboard Spirit of Discovery to a risk of injury on March 17 this year, by continuing to sail knowing local weather warnings were in place.
Hudgells said passengers were told the ship would be travelling to the coast of Morocco, taking a route to avoid an incoming storm.
Claimant Joyce Berry, 84, said passengers had been reassured they could go about their usual activities as the ship sailed, so she and her son went for an evening meal at about 6.30pm, but conditions quickly worsened.
Retired nurse Joyce suffered a broken arm and broken hip when the ship suddenly ‘leaned to one side’, and she was thrown off her restaurant seat.
She was taken first to the onboard hospital, then to a local hospital in Lanzarote, along with four others.
Joyce was later flown back by air ambulance to the UK where she underwent partial hip replacement surgery, then went into a care home for two weeks. She is now at home but still has care support twice a week, has reduced mobility, and is no longer able to walk unaided.
She said: “We were already roughly 35 miles from the shore when we were informed of the diversion and advised over an announcement to take care while walking, and to use the handrails aboard the cruise,” she said.
“In similar situations on other cruises I have been on in the past, we have always stayed at the port until storms have passed, so I was surprised with that decision at the time.”
Another passenger, who says he suffered a fractured spine during the incident, has also asked Hudgells to act on his behalf.
The law firm is awaiting his medical records before pursuing the case.
In correspondence setting out the intended legal action, Hudgells alleges Saga Cruises was in breach of its duty of care, citing the Athens Convention, which governs the international carriage of passengers by sea under English law.
It holds carriers liable for damage or loss suffered by passengers if the incident causing injury was due to the fault or neglect of the carrier.
The legal firm alleges that Saga Cruises failed to adequately monitor the weather conditions and take heed of the weather warnings in place, failed to take steps to avoid the storm, and failed to adequately implement safety measures in the restaurant area.
Lawyer Anne Thomson, from Hudgells’ travel injury claims team, said: “It is our case that the operators exposed passengers and crew to a risk of injury of which they ought to have known.
“Public weather warnings were active for Lanzarote and surrounding areas at the time, and we allege that Saga failed to exercise reasonable care and skill, leading to our client suffering injuries which have a continuing impact on her health.
“It must be remembered that this was a cruise which had many elderly passengers on board, something which should have been taken into account when considering the weather conditions and whether it was appropriate to sail that day.”
In a previous incident involving Spirit of Discovery, more than 100 passengers were injured and eight were taken to hospital after the ship was caught in Force 11 winds in the Bay of Biscay in November 2023. One of those taken to hospital later died of their injuries.
Travel Gossip has approached Saga for a comment.
