WILLEMSTAD - An exciting trip with a powerboat in 2019 was disastrous for one of the passengers. An unfortunate fall on the boat while sailing caused him a spinal cord injury. “A nice outing had to be cut short by a sad accident with irreparable physical injury and major financial consequences. Holding the water sports company liable for all financial damage is a complicated matter,” said Voigt, the victim's lawyer, who specializes in liability law and personal injury.
The accident happened on January 23, 2019 when 5 brothers made a powerboat trip together with a stopover at a restaurant on the water. One of the brothers did not like this cruise and it was decided to take him back to the boarding place after dinner, after which the cruise would continue.
Especially for the convenience of this person who wanted to return to the embarkation point, the captain of the boat has been asked to sail calmly. After leaving the restaurant, one of the passengers asked if he could sit on the tip of the boat to film the other passengers and was granted permission. During the filming, the captain increased the speed of the boat and a wave caused the person sitting on the tip of the boat to fly up and fall hard and unluckily on the deck of the boat. The blow was so hard that he suffered a spinal cord injury.
After initial treatment in hospital, he was transported to the Netherlands for further treatment and rehabilitation. He can no longer work and only walks with aids. The victim then called in Voigt Legal, which held the water sports company liable for the damage.
The water sports company forwarded the claim to its insurer, Nagico. He called in the damage assessment agency Sedgwick to investigate the liability. The Sedgwick expert ruled that there was an unfortunate coincidence and that the captain was not to blame. Subsequently, Nagico refused to pay compensation to the victim, after which the victim started a lawsuit with Voigt Legal. In its verdict, the judge ruled that the captain was aware of the danger at sea and as such should have adjusted his speed. For that reason, the water sports company is guilty and liable and the insurer had to pay the claim.
An inventory of the material and immaterial damage turned out to be greater than the insured amount of 1 million guilders. Before the end of 2022, Nagico paid the insured amount to the victim, plus statutory interest and lawyer's fees. For the remaining damage above the insured amount of 1 million, an arrangement has been made with the water sports company, which is responsible for the accident.