Except, youngmafbog, this couldn't possibly give rise to a claim for compensation or damages, and nor could any like case. No lawyer, even a no win no fee one, would touch it. You'd never get home on it, which is enough of a deterrent, but even if you could get an offer from some incompetent insurer it would be a notional one and not worth claiming.
If your point is that someone might try, then, yes they might. No idea what head(s) of damages they would claim under, but they might.