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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Good day Am I able to lodge a 3rd party claim (and to whom?)

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Good day
Am I able to lodge a 3rd party claim (and to whom?) for out of pocket unplanned expenses and possible future medical expenses following a serious injury (compression fracture of L1 vertebra requiring emergency spinal fusion surgery) sustained on an offshore ski boat trip as a paying passenger?
Good day.

This is an info request to assist you better. Please continue on this thread.

Please confirm: The incident did not happen within the borders of South Africa?
Customer: replied 3 years ago.

The incident occured about(NNN) NNN-NNNNm off the Shelly Beach KZN shoreline.

1. In order for you to have any claim against the operator, you need to establish negligence on their part. That is, you have to prove that they did something, or neglected to do something, that they were legally obligated to do, or not to do. For instance, one can accept that they have a legal duty to take all reasonable precautions to make sure that their patrons is not injured. If they don't take such precautions and someone gets hurt as a result of it, then they could be held liable.

2. If they were negligent, then you can instigate a claim against them for your injuries and related expenses.

3. The 'them' would be the company that operates the service.

I am not sure what else I can advise you on, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service.
Customer: replied 3 years ago.

I do not have a ski boat skipper's experiance, so to prove negligence is difficult, but to approach an oncomming wave at speed in order to "jump a wave" implies a level of risk and can this be construed as negligent?

I am also not experienced with these requirements and if an attorney takes on such a matter, the attorney will get in experts to establish whether there were fault from any of the people involved.

There are attorneys that specialize in this sort of thing and they normally do it on a contingency fee agreement, which is to say that they only take a fee if they win, so, it will not cost you anything in the interim and you will only pay them if they win. They will also normally do a free assessment of liability.

You can find them at Look for someone that specializes in personal injury law.
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