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Case Study - EL/PL Claim Spain
Background
The Claimant suffered a complete quadriplegia injury after using a slide at a waterpark in Spain. He claimed that the slide was unsafe and incompatible with regulations and that he had not been given proper instruction on how to use the slide safely by the lifeguards at the waterpark. The Claimant was in his early twenties at the time of the accident and so his claim had an initial reserve in excess of £10 million. We were retained by the insurer and the waterpark who had a limited indemnity.
Outcome
Liability was disputed and a split trial was ordered.
Working between our Manchester and Madrid offices, we were able to front-load the case with early evidence collection and site visits including crucial testimony from the lifeguards on site. We instructed experts in the fields of Accident Reconstruction, Aquatic Safety, Spinal Injuries and Spanish Law. We built a very strong defence although our Aquatic Safety expert indicated that there were some breaches of safety standards, the main one being that the slide had been built at too steep a gradient for the water depth of the reception pool. We argued that the breaches were not necessarily causative of the Claimant’s accident and a full defence was unlikely. Following a JSM we maintained our very strong defence to obtain a commercial settlement. This resulted in a settlement that represented an 85% saving against the initial damages reserve. Significantly this result enabled the to park to survive as uninsured losses of the full value of the claim would have put the business in peril. Throughout the claim we were able to advise on strategies to minimise reputational damage and to manage adverse press. This included the negotiation of a confidentiality clause within the settlement agreement. This was extremely important as the English tabloids had taken a particular interest in this case. The overall result was possible because of the coordinated work between our offices in the UK and Spain as well as having the ability to work closely with the insured in an overseas location.
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