Dawkins v Carnival plc (t/a P&O Cruises) [2011] EWCA Civ 1237

19th January 2012 by admin

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This is a Court of Appeal case concerning a personal injury on board a cruise ship. The action was brought under the Athens Convention on Carriage of Passengers and their Luggage by Sea (1974). The case turned on whether reasonable care had been taken of the injured passenger. A liquid had been spilt in one of the cafeterias on board the ship and the question arose as to how long it had been on the floor before the passenger slipped on it. Evidence was provided of the system the defendant used to deal with spillages but no one from the crew gave evidence. The court concluded that on the balance of probabilities the liquid had been there for longer than the brief period which would have excused the defendants from taking remedial action.

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