I should start by saying that I'm no expert on sharks or shark attacks. Like most people over the age of 16, I have seen Jaws and I have seen the latest news / sensationalism about some recent occurences. One of the most horrifying and tragic cases is that of honeymooner Ian Redmond who was fatally wounded by a shark when swimming in the sea in the Seychelles. My condoleces go out to his family and especially his widow.

There has also been quite a high profile case in South Africa where a surfer was attacked by a shark. But don't fear, it is still a very rare occurence with approximately 60 attacks reported annually. By my calculations, you have significantly more chance of winning the lottery than being attacked by a shark. But can anyone really sue for a shark attack?

The recent spate of shark attacks got me thinking about liability and who, if anyone would be responsible? I don't like to talk about the law too often because it is such a dry subject, but as a solicitor, I suppose I can't avoid it.

Accident in the sea, injured by a shark - who is to blame?

If you have an accident in the sea and are injured by a shark, my first reaction is that it is really bad luck, but accidents do sometimes happen and no-one is at fault.

But then I did a little bit of research. I was amazed to find a page on a website offering the services of a "Shark Attack Lawyer". There is a suggestion (although not much detail) that there could be various parties at fault. For instance, it could be the local authority (Amity Island?) for their failure to warn, the hotel owner for their failure to provide protection or perhaps the owner of a private beach?

Holiday claim for accident at sea - strong currents

A few years ago I was involved in a holiday compensation claim, similar to an accident at sea, because of strong currents. A couple were on their honeymoon in the Maldives when the husband (who was a weak swimmer) was dragged under the water in the lagoon because of the strength of current and uneven seabed. A holiday claim was brought on behalf of the widow who alleged that the holiday company should have given warnings about about the strong currents because you couldn't see them and it was obvious that people would use the sea for swimming because there was no pool. The case didn't succeed, but the court did decide that a tour operator does have a duty to provide warnings about hazards in or around the resort and in the circumstances of that case, there was a duty to include the sea in those warnings.

So where does that leave us back at the shark issue? In reality, if there had been a shark attack and there was a known hazard, it would be the talk of the area and even if you didn't get that formal warning from your tour operator, your would know anyway. If you had missed the local warnings somehow, I think it's arguable that if they failed to warn you and you were attacked in a place where there was known risk, there could be some liability.

I hope I don't have to put that theory into action!