A Central Coast woman was recently awarded a six-figure sum to compensate for injuries she suffered during a boat tour.
The woman was on a whale-watching cruise off the Northern NSW coast when turbulence threw her into the air. Falling back on her seat, she broke two vertebrae and compressed her spine.
Speaking with the Daily Telegraph, the woman recalled being advised by the cruise operators, as she was being carried off the boat, that she was unable to sue as she had signed a waiver.
So, if she signed a waiver, why was she awarded damages?
Well, according to the injured party, the waiver was never described as such. Rather, the woman and her husband thought that the form was merely to confirm the “headcount” of the tour.
This case serves as an interesting reminder to businesses to make sure that their customers are aware to the risks of the service they are being provided, and a reminder to injured parties to seek legal help, even when you’ve been told you have no options.
Compensation claims can be complex and stressful.
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