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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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My wife was over on a cruise ship in December 2019. She was

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My wife was blown over on a cruise ship in December 2019. She was knocked out and needed stitches above her eye and on the top of her head. The holiday was completely ruined. I have been emailing the cruise company for over a year and I am told that “due to the seriousness of the complaint it is in the hands of their legal department “. How long does this procedure take?.
Assistant: Has your wife talked to a lawyer about this? What country does your wife live in? If different, what country does this legal question relate to?
Customer: No, she has not spoken to a lawyer as the costs could be be high. We are both OAP’s. we live in the UK. The company is in the UK. The accident happened in the Caribbean Sea.
Assistant: What steps has your wife taken so far?
Customer: On her behalf, I have written to the CEO of TUI, twice. We received a reply saying “I hope your wife has fully recovered etc”. The second letter that we send in December 2019 asking for a update, has not received a reply.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: on return to the UK, she had to go to hospital as her eyesight had zigzagging.
Hello, this is Jim and thank you for the question. I am sorry to hear of the situation. I have to say I am not at all surprised that they have not responded to you. They are only compelled to respond once county court or high court proceedings are issued. They are probably expecting you to instruct a law firm who would then send them a letter of claim (and to issue court proceedings afterwards unless they negotiated with the lawyer in a meaningful way). Therefore, my recommendation is to instruct a law firm who deals with injuries and holiday claims - the stand out law firm would be Slater & Gordon Lawyers - they have the expertise and legal clout to deal with a high value claim and involving any jurisdictional issues such as this one (the fact the incident occurred on a cruise ship, etc). I recommend you ask the law firm for a no win no fee agreement and to get them to start the claim as soon as possible - their number is 0161 383 3500. I hope this helps? Let me know if you have follow up questions (these are welcomed). If you could give me a positive rating for the answer I’d be grateful. Thank you. Jim

I hope I have answered your question. Let me know if anything requires clarification. In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim

Customer: replied 18 days ago.
Hi Jim, It’s what I expected, “The Big Boys verses the little ones “. We have done many cruises before and never had a problem. If the weather turned nasty, we were advised to stay in the cabins and not to go onto the outside deck. TUI done neither and only shut the deck AFTER my wife was blown over. It was terrible, I thought she was dead. Even the waiters had refused to go onto the deck. The staff had tied down the sun beds but still did not shut the deck down. It is a clear breech of “Safety on Board a vessel at sea” and they failed under British law to ensure passenger safety at all times.
I fail to understand why TUI are refusing to communicate with me directly. This is NOT about money, this is to highlight a gross failure of the Captain of the ship to instruct his officers to ensure the safety of his passengers. He failed in every area and should be removed from his ship
Customer: replied 18 days ago.
Just had a response from TUI. They had sent a letter on the 6th December, which we didn’t receive so they are re sending it. Let’s see what earth shattering excuse they come up with. Thanks Clive

I understand and it sounds awful, the way they have dealt with the matter is appalling. I can't say why TUI are not corresponding with you, like I say they may be expecting a solicitor's letter to them. Or their legal team have told them not to speak to you for some reason.

It's encouraging that they have sent you a letter - perhaps ask them to email it to you. If you'd like to come back here then not a problem, I will be available.

JimLawyer and 7 other Law Specialists are ready to help you
Customer: replied 18 days ago.
Thanks Jim