Latest news with #LisaONeil
BBC News
3 days ago
- Business
- BBC News
Cumbrian family wins fight for no-snow Lapland refund
A family have won a six-month fight for a refund on their £3,500 dream holiday to Lapland which was hit by a series of weather-related O'Neil complained after tour operator Tui told her that her family's four-day trip could go ahead last December despite there being no snow forecast and the firm having a "no snow you don't have to go" policy in meant none of the snow activities part of the package - a husky ride, reindeer encounter and snowmobile trip - could go ahead. Tui, which has been approached for comment, initially only offered a 50% refund, but Mrs O'Neil's successful appeal means she has received full compensation, including legal fees. "We were absolutely elated," said Mrs O'Neil, 40, from Gosforth in Cumbria."You think all of the time have you done the right thing, is it worth the hassle to push through. "But when you know that you're in the right and you're just being forced into a situation by a corporate company, [the outcome] just validated all of the hard work that we put in." Mrs O'Neil and her husband Wayne had spent their savings on the Lapland trip for their son Finn, who is now eight.A couple of days before departure they contacted Tui to raise concerns about the forecast of rain, but were reassured there was snow at their resort and were told if they chose to cancel the holiday they would lose the arrival they were greeted with a "magical" winter wonderland scene, but overnight rainfall melted all the snow. As they had feared, all snow activities for their trip were cancelled, leaving them to arrange and pay for alternatives. 'Holiday purpose defeated' When they first complained to Tui they were offered 50% of their money back, which they an association of travel companies which helps mediate disputes, referred the case to an independent adjudicator who found in favour of the O'Neils."The family's essential purpose in taking the trip, to enjoy snow-based activities, was defeated," the final adjudication added Tui had not complied with its own "no snow" policy and the family would not have set off for their trip had Tui let them cancel or reschedule O'Neil said the family's fight for a refund seemed daunting at times but, after their experience was featured in a BBC News article, a couple contacted them to help with the claim."This couple had been on a cruise that cost them £20,000," Mrs O'Neil explained."It was for a big anniversary but, because of the weather, they couldn't do all the stops that they were supposed to do."The couple had been successful in securing their claim after a six-year legal battle and shared their knowledge with the O' O'Neil said: "They gave me loads of advice and the inspiration to keep going, so I am really grateful to them." Follow BBC Cumbria on X, Facebook, Nextdoor and Instagram.
ABC News
21-05-2025
- ABC News
Movie World cleared of wrongdoing after de-scalping injury on carousel
Movie World has been cleared of any wrongdoing in a carousel accident that left a 12-year-old boy with severe head injuries. After two days of evidence at a judge-only trial in the Southport Magistrates Court, Work Health Safety Queensland (WHSQ) withdrew its prosecution of Movie World's operator, Village Roadshow Theme Parks. WHSQ had accused Village Roadshow of failing in its duty of care after the 12-year-old suffered an "ear-to-ear de-scalping injury" and several fractures on the Movie World's Looney Tunes carousel in April 2022. Magistrate Lisa O'Neil was told the boy was standing on the back of the carousel's Wile E. Coyote character, instead of sitting on it, when his head went through an open aperture in the ceiling. The court heard the boy's injuries were caused when his head was pinned between the edge of the aperture and machinery that drives the character up and down on a pole as the carousel turns. Barrister for WHSQ, Clare O'Connor, told the court an independent safety report, provided to the theme park eight months before the accident, had identified the ceiling aperture as presenting a risk of crush injury and recommended rigid plastic brushes be installed on the opening. "Such brushes are considered best practice and are in use at carousels at Sea World and Dream World," Ms O'Connor said. She said the report found the ride was compliant with safety requirements, in "excellent operational condition", and its recommendation to install plastic brushes was being considered by the theme park prior to the incident. By not installing the brushes, Village Roadshow had exposed carousel riders to a risk of injury or death, Ms O'Connor told the court. Village Roadshow's barrister, Saul Holt, told the court the boy's actions on the carousel and his resulting injuries were "not reasonably foreseeable". "This 12-year-old boy was described by one witness as surfing the character when his head, either deliberately or inadvertently, entered the hole in the ceiling of the ride," Mr Holt said. Mr Holt said the carousel was immediately shut down after the incident and underwent a "hardcore engineering solution" before it was re-opened several months later. "Once the risk was reasonably foreseeable, Village Roadshow Theme Parks made it impossible for it to occur," he said. Movie World attraction attendant Ruby Piakura, who was operating the carousel on the day of the incident, told the court she had worked on the ride for more than six months at the time. Ms Piakura said she had never seen a rider stand on a character before that day and had hit the emergency stop as soon as she realised something was wrong. When asked if she had seen a rider stand on a character since, she told the court that while she continued to work at Movie World she had never returned to operate the carousel. "I haven't wanted to go back to working on that ride," she said. Theme park ride safety consultant David Randall wrote the report that recommended plastic brushes be installed on the carousel. He told the court he had made the recommendation as an opportunity for improvement on the ride, not as a requirement for it to operate. He said plastic brushes were a tactile deterrent rather than a physical barrier, meaning even if they were installed on the ride, the boy's head could still have gone through them and into the machinery above. "I recommended the plastic brush be installed so that if a child reaches up into that area, they touch the brushes and pull their hand away," he said. Mr Randall said even with decades of experience in safety management, he did not identify a person standing on a carousel character as a foreseeable risk. "I was extremely surprised after the event, which is unusual for me, as I'd never considered that as an issue," he told the court. On the third day of the trial, Ms O'Connor told Ms O'Neill the prosecution had no further evidence to offer, and asked to withdraw from the case. "I think that is a responsible decision, given the evidence we have heard," Ms O'Neill said before she dismissed the charge against Village Roadshow Theme Parks. The theme park operator will now make an application for WHSQ to pay its legal costs in the case.
