Accidents whilst abroad or away from home in the UK are surprisingly common, and our medical negligence and personal injury department often gets queries regarding compensation in these instances. Here are just two examples of enquiries we have had, and the advice our department head, Sue Edwards, gave.
Client Query Number One
Dear Sue,
My wife and I have recently returned from our annual all-inclusive holiday in our favourite resort of Torremolinos in the Costa Del Sol. We’re both retired, and this is our 10th year to the same resort. We love meeting up with friends that we have made over the years and taking in the sea air. The package holiday was booked through a well-known UK tour operator.
It was the last night of our stay and we had enjoyed a lovely tapas meal and a few sangrias in the hotel’s Copacabana bar, when without warning I slipped over on a wet floor. I’m not as light as I used to be, and I went down like a sack of potatoes. I was rushed by ambulance to hospital and it turned out I had broken my arm.
We couldn’t make our flight the next day and incurred the cost of the hotel stay for an extra three nights. We had left our two cockapoos’, Ronnie and Reggie, in kennels whilst we were away, and they had to stay in the kennels for longer than we had expected.
Thankfully my wife had taken out holiday insurance that covered the cost of my treatment whilst in Spain. However, the insurer hasn’t repaid us the cost of the extra night’s in the hotel or the two dogs kennel bills.
I’ve lodged a complaint with the tour operator, but I haven’t had a response in weeks. My arm is still in a cast and I’ve been told by my consultant that it was a nasty break and I may need surgery.
Miguel, a cocktail waiter we befriended out there, has been in touch on Facebook and let us know that the floor I had slipped on had just been cleaned but they had forgotten to put a sign out to warn guests.
What should I do, Sue?
Very Best Wishes Malcolm and Mary
Dear Malcolm and Mary,
I am very sorry to hear of your accident. The effect of an accident abroad can be very stressful and expensive!
If you booked your holiday as part of a package, the Package Holiday Regulations apply. This regulation allows you to bring a claim for compensation against the UK-based tour operator directly as they are liable for the actions of their suppliers, in this case the hotel.
By failing to place a sign to warn of the risk presented by the wet floor, you could very well have a claim against the tour company to compensate you for your injuries and financial losses.
Different standards of care apply to claims abroad compared to what you would expect back home, therefore it is essential to get an experienced solicitor involved at an early stage. Howells solicitors have successfully represented many claimant’s where they have suffered injury abroad whilst on package holidays, cruise liners and on flights.
Don’t delay as strict time limits apply for claims such as yours. Get in touch with the team and we will be more than happy to help.
I wish you a speedy recovery and many more years of happy holidaying.
Kind regards
Sue.
Client Query Number Two
Dear Sue,
I recently returned from visiting my sister and her family for New Years in West Wales. They live on a terraced street that borders a public footpath. As I was leaving their house on New Year’s Day, I tripped over a broken paving slab. I landed on my arm and, after a visit to their local accident and emergency department, I discovered that I had fractured my wrist.
My brother in law tells me the slab has been broken for years and that a previous complaint has been made to the local authority. What should I do?
Sharron
Dear Sharron,
This isn’t the welcome to 2019 you were expecting! Sorry to hear of your accident.
The local authority’s highways department has a legal responsibility to maintain public footpaths. They have a duty to carry out regular inspections in order to identify defects such as the one that caused your fall and to repair these. It sounds as if, despite complaints being made, they have failed to act.
Firstly, I would contact the local authority to ensure your accident is recorded. The extent of a defect is also important. Could you please send me a photograph of the defective slab?
Witness evidence is also important in these type of claims, especially to assist in establishing the approximate age of a defect and whether there had been any previous complaints made to the local authority. As with every prospective claim, making sure you obtain evidence early should maximise your chances of being successful.
All the best,
Sue
Do You Have a Personal Injury Query?
If you, like Sharron, Malcolm and Mary, are looking for advice regarding personal injury compensation, then please get in touch with Sue and the team. They’re always happy to advise on your legal rights and help you get the recompense you deserve.
