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Injury Compensation for an Accident on Holiday in Turkey

Is my son eligible for compensation for an accident on holiday in Turkey? He tripped on an uneven paving slab in the gardens of the hotel we were staying in and broke his arm when he fell.

Question:

Is my son eligible for compensation for an accident on holiday in Turkey? He tripped on an uneven paving slab in the gardens of the hotel we were staying in and broke his arm when he fell.

Answer:

Provided that the regular formalities of making a claim for personal injury compensation are completed, your son should be eligible for compensation for an accident on holiday in Turkey – the regular formalities being that your son received professional medical treatment for his injuries, his accident was reported to the tour representative and the hotel, and the hotel admitted liability for the uneven paving slab which caused him to trip.

If there is any dispute over liability, photographs should be taken of the uneven paving slab, contact details of witnesses who saw your son´s accident should be collected and a report made in the hotel´s “Accident Report Book”. If your son has already returned home, it may still be possible to collect the information he needs to support his claim for an accident on holiday in Turkey and he should speak with a specialised holiday claims solicitor as soon as possible.

Please note: If your son is under the age of eighteen, it will be necessary for you to claim compensation for the accident on holiday in Turkey on his behalf – whether you were with him on holiday or not.

How much compensation for an injury on a Turkish holiday your son may be entitled to receive is going to be influenced by how his Turkish holiday was booked. If a UK-registered travel agent was used to book a package holiday (i.e. flights and accommodation), your son will be able to claim for an accident on holiday in Turkey in the UK under the Package Travel, Package Holidays and Package Tours Regulations 1992. In this case, you can expect a full compensation settlement to account for your son´s pain and suffering at the time of his accident, any deterioration in his quality of life which is attributable to his broken arm and any expenses he (or you) incurred which were due to his injury.

However, if the accommodation was booked independently of the flights – either via an Internet price comparison web site or directly with the hotel – your son will not be covered by the Package Tour Regulations and will have to make a civil claim in Turkey against the hotel´s public liability insurers. This can be a far more time-consuming and costly process and, in some cases, it may not even be worth his while to pursue compensation for an accident on holiday in Turkey.

It is recommended that you discuss the exact circumstances of your son´s injury, whether liability has been admitted by the hotel and how your holiday booking arrangements were made with a specialised holiday claims solicitor at the first practical opportunity to receive advice relevant to your specific situation.