Woman sues tour company for $462k
A WOMAN is suing a Whitsundays tour company for almost $462,000, claiming she fractured her spine when she was thrown in the air and landed heavily on a seat during a boat trip.
Margaret Campbell, a primary school business manager, 57, claims the injury is likely to force her into premature retirement.
Ms Campbell was seated at the front of the boat, towards the bow, on Ocean Rafting's Northern Exposure tour on April 8, 2016, her District Court claim says.
When the vessel hit waves or a swell it caused her to rise out of her seat and then come down hard on the same seat, it is claimed.
She suffered a serious spinal injury as a result of landing heavily on the seat during the trip from Hook Island to Whitsunday Island, the claim says.
Ms Campbell claims when she told the crew about the incident, she was advised to move to the back of the boat.
The District Court claim against Ocean Rafting's company, Ducks in a Row Pty Ltd, says that it failed to warn Ms Campbell that sitting at the front of the boat increased the risk of harm or injury.
The vessel was prone to vertical motion as it travelled over waves and swell, it is claimed.
The company failed to provide Ms Campbell with adequate training or instruction before or during the Whitsundays tour, it is alleged.
It also navigated the boat into an area where it was foreseeable that it would encounter waves or swell that would endanger Ms Campbell, it is claimed.
Ms Campbell's claim is for $461,730 in damages for alleged negligence, breach of contract and breaches under Australian Consumer Law.
It includes a claim for $153,000, for loss of future wages if she has to retire at 60 instead of 65 and $175,000 for future care of seven hours a week until the age of 88.
A spokeswoman for the tour company, which is yet to file a response to the claim, said the matter was in the hands of a solicitor and insurer and she could not comment.