Excursion operators not liable for injuries sustained during adrenaline infused boat ride

Personal injuries - while participating in a cruise on board a ship owned by the first defendant, and while the ship was docked at the island of St. Maarten in the West Indies, the plaintiff and her husband availed of an excursion in a speed boat - while on the ride, the skipper made a 360 degree turn to the starboard side – plaintiff was lifted out of her seat even though she was holding on to a bar in front of her seat - she fell back into her seat with some force, striking her right elbow against the gunwale on the starboard side of the boat – fractured her elbow - Package Holidays and Travel Trade Act 1995 – alleged lack of safety features - full defence - as the plaintiff had voluntarily elected to go on an activity, which she knew would involve vigorous manoeuvres done at speed, she could not complain if she happened to injure herself in the course of such activity – expert evidence – relevant statutory provisions - onus rests on the plaintiff to establish that the service provider did not provide the service in accordance with local regulations or standards, or in accordance with internationally recognised standards – foreseeability - duty at common law is only to take reasonable care to prevent those injuries – simply an injury which occurred in the course of a vigorous activity - proceedings dismissed.