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UK Holiday Injury Claims

In the UK, holiday injury claims can be made when you or one of your family have suffered an injury due to the negligence of the proprietors of the accommodation in which you were staying. You may also be entitled to make holiday injury claims for compensation if you have suffered an injury abroad in unsuitable accommodation, on an organised excursion or while you were travelling to or from your destination. For up-to-date and accurate information about your eligibility to make holiday injury claims in the UK or overseas, speak with one of our experienced holiday injury claims solicitors on our freephone helpline.

Ski Lift Accident Claim Resolved after Court Proceedings Issued

February 3, 2017

A ski lift accident claim has been resolved for an undisclosed amount after court proceedings were issued in France against the ski lift operator.

Twenty-five year old Tom Giddens – a student from Solihull, West Midlands – was on holiday at the Val Thorens Ski Resort in Saint-Martin-de-Belleville, France, when he and a friend decided to go for one final run of the evening.

Although the light was beginning to fade, Tom and his friend got on the ski lift to ascend the slope but the ski lift stopped 200 feet from the top. The two men shouted for help, but nobody came to their assistance as the temperature dropped to -16 degrees.

Tom rang the emergency number printed on his ski lift pass, but was only able to get through to a recorded message. After thirty minutes of waiting for the lift to restart or help to arrive, Tom and his friend decided to jump down from the ski lift to the ground below.

Tom´s friend was able to lower himself down onto the bar of the ski lift and lumped to the ground without injury. However, when Tom tried the same approach, he landed awkwardly and broke his leg so badly that the bone pierced his skin.

Fortunately help arrived quickly, and Tom was taken down the slope on a bud wagon. He was treated at the resort´s medical centre before being taken to Moutiers Hospital, where a metal rod was inserted into his leg to help heal the broken bone.

Tom was flown back to the UK five days later and transferred to the Good Hope Hospital in Sutton Coldfield. He was discharged on crutches five weeks later, but had to undergo physiotherapy for eighteen months and has never regained the level of fitness he enjoyed prior to his accident.

After seeking legal advice, Tom made a ski lift accident claim against the operator of the ski lift – Societe D’Exploitation des Telepheriques Tarantaise-Maurienne – on the grounds that there had been a failure by the ski lift operator to maintain an acceptable standard of safety.

Liability for Tom´s injury was initially denied and the ski lift accident claim contested. However, after Tom´s solicitors issued court proceeding against the ski lift operator in France, the claim was resolved by negotiation for an undisclosed five-figure sum.

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Hotel Guests Claim Compensation for Illnesses on a Greek Holiday

October 12, 2016

Seventeen hotel guests are claiming compensation for illnesses on a Greek holiday against tour operator Thomas Cook due to swimming in a contaminated pool.

In August this year, multiple guests at the all-inclusive Marelen Hotel on the Greek Island of Zante started suffering symptoms of a gastric illness. Many had their holidays ruined by stomach cramps, vomiting and diarrhoea which, on their return to the UK, were found to be attributable to the Cryptosporidium parasite – a parasite that thrives in contaminated swimming pools.

On discovering the probable cause of their illnesses, seventeen of the guests contacted solicitors – some commenting that they had seen faecal matter in the swimming pool, while others claiming they had observed staff cleaning the surrounds of the pool with a brush and then rinsing the brush in the pool. None of the guests saw any water tests being conducted during their stay.

One of the hotel guests who suffered from the Cryptosporidium illness was twenty-seven year old Rosanna Crowley from Kettering in Northamptonshire. Rosanna, her partner and her two children were all taken ill after swimming in the Marelen Hotel pool. Rosanna told her local newspaper: “It was hideous. We had all swam in that pool. As soon as I started feeling unwell I just knew it was bad. And then one-by-one we all came down with it.”

When the family returned to Kettering, all four were diagnosed as being infected by the Cryptosporidium parasite. None have yet fully recovered, and Rosanna´s home had to be inspected by environmental health officers because of the breeding habits of the parasite. Now, along with the other guests that fell ill after swimming in the pool, Rosanna and her family are claiming compensation for illnesses on a Greek holiday against Thomas Cook.

Their solicitor has said that the aim of the claims is not only to recover compensation for those who became ill due to the contaminated swimming pool, but also to make sure Thomas Cook implements measure to prevent the same scenario from happening again. A spokesperson for Thomas Cook refused to comment as the legal action is ongoing.

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Couple Make Holiday Campylobacter Food Poisoning Claim

September 13, 2016

A couple from Stockton Heath in Cheshire are making a holiday campylobacter food poisoning claim one year after an illness ruined their vacation in Crete.

Last summer, William and Leanda Kidley booked a holiday at the Katrin Suites in Crete through tour operator Thomas Cook. The holiday in the resort town of Stalis was going well until a few days before the couple were due to fly back to the UK, when William started to exhibit flu-like symptoms and suffer from nausea.

On the day the couple returned home, William started suffering from diarrhoea. He visited the family´s GP who referred him to Warrington General Hospital for tests. The tests revealed that William was suffering from campylobacter food poisoning and he was admitted into hospital for a week to receive treatment.

After he was well enough to leave hospital, William and Leander sought legal advice. The couple allege that William´s illness was attributable to a poor standard of hygiene at the all-inclusive hotel, and claim they saw insects flying around uncovered food during the day and that their food was frequently undercooked in the evenings.

Solicitors representing the couple in their holiday campylobacter food poisoning claim have got an agreement from Thomas Cook that, if a connection between the hygiene at the Katrin Suites and William´s illness can be established, the tour operator will admit liability and settle the claim.

Speaking to her local newspaper about the holiday campylobacter food poisoning claim, Leander said: “The last thing we ever expected when we booked the holiday was for either of us to end up in hospital going through tests to find out exactly what was wrong. William missed time off work because of the problems he was having and it took him a long time for his stamina to improve and even now he has not made a full recovery.”

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British Woman Awarded Au$12 Million Compensation for Quadbike Injuries

July 20, 2016

A British woman has been awarded Au$12 million compensation for quadbike injuries she sustained while herding cattle on a dairy farm in Tasmania.

Holly Raper from Chorley in Lancashire was on a backpacking holiday in Australia in December 2011, when she took a job at the King Island Dairy Farm in Tasmania. Shortly after she started working at the farm, Holly – who was twenty-one years of age at the time – was asked to round up cattle using a quadbike.

Tragically, while herding the cattle, Holly had an accident and fell from the vehicle. She suffered a catastrophic brain injury that left her in a coma for several months. Due to the severity of the injury, Holly is now quadriplegic and requires around-the-clock care due to not be able to communicate or feed herself.

After being flown home in Chorley in March 2013, Holly´s parents claimed compensation for quadbike injuries from the owners of the King Island Dairy Farm – David and Jocelyn Bowden. The Bowden´s denied responsibility for Holly´s injuries and contested the claim for compensation for quadbike injuries on the grounds that Holly´s accident had been caused by her own lack of care.

However, solicitors investigating the accident found that the quadbike had several defects including faulty brakes, a worn steering mechanism and a rear wheel fitted back to front. It was also discovered that Holly had not been given a helmet to wear or instructed on how to ride the quadbike over the terrain.

A hearing to resolve the claim for compensation for quadbike injuries was scheduled for April; and, as Holly´s medical experts were located in the UK, Judge Steven Estcourt flew to Manchester to hear three weeks of testimony. When the hearing concluded in Hobart, Judge Estcourt found in Holly´s favour – finding the Bowden´s negligent and liable for her injuries.

After dismissing the claims of contributory negligence, the judge awarded Holly Au$12 million compensation for quadbike injuries. After deductions for legal costs and the support she has already received from the Tasmanian Workers Rehabilitation and Compensation Tribunal, the balance will be put into a UK trust to pay for Holly´s future care.

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Woman Recovers Compensation for an Accident on a Rented Bicycle

July 8, 2016

A woman, who suffered cut and bruises when the brakes on her bike failed, has recovered a settlement of compensation for an accident on a rented bicycle.

Phyllis Bright (21) – a third-year nursing student from Lincolnshire – visited the Upper Derwent Valley in the Peak District with her boyfriend in July 2013. The couple hired bicycles from the Peak District National Park Visitor Centre by the Fairholmes car park, and set off to enjoy a day´s cycling.

Soon after the couple left the Visitor Centre, they encountered a steep hill running down to the Abbey Brooke Bridge. AS Phyllis started freewheeling down the hill, she realised that her brakes were not working and jumped from her bicycle to avoid cycling into the stone wall of the bridge.

As a result of falling onto the tarmacked surface of the road, Phyllis suffered multiple cuts and bruises to her legs, arms and chest. She was taken by ambulance to the Northern General Hospital in Sheffield, where stitches were applied to close the worst of the cuts and she received treatment for an injured jaw.

Due to her injured jaw, Phyllis was unable to eat without pain for two months. She also has visible scars on her chin, legs, arms and chest as a permanent reminder of her accident. Phyllis subsequently sought legal advice and claimed compensation for an accident on a rented bicycle against the Peak District National Park Authority.

In her legal action, Phyllis alleged that the rented bicycle had not been maintained property or given a safety check before she was allowed to ride it. The Peak District National Park Authority acknowledged the negligence of its employees at the visitor centre and settled Phyllis´ claim for compensation for an accident on a rented bicycle for a four-figure sum.

Speaking with the Sun newspaper after recovering the compensation, Phyllis said: “Realising I had no brakes halfway down a steep hill with a stone bridge at the bottom of it was a scary experience. I never thought I’d end the day in an ambulance on the way to hospital with cuts and bruises all over me. I’m glad I can now begin to put this all behind me and move on with my life after receiving a settlement from the park authority.”

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Holidaymaker Makes Claim for Food Poisoning at a Moroccan Resort

April 26, 2016

A holidaymaker is making a claim for food poisoning at a Moroccan resort after being diagnosed with campylobacter on his return from a holiday in Marrakech.

In order to celebrate James Gratton´s fifty-first birthday in March, James and his wife Paula booked a week´s holiday at the Medina Gardens Hotel in Marrakech. Several days into their holiday, James started to complain of stomach pains, a high temperature and diarrhoea. His condition deteriorated during the rest of the holiday and he was in significant distress when the couple flew home to Heanor in Derbyshire.

On their return, James called NHS Direct. He was advised to go to his local hospital, where he was prescribed medicine to help him cope with his symptoms. However, James continued to feel ill and was unable to carry on working as an HGV driver. Following a visit to his GP and providing a stool sample, he was diagnosed with campylobacter food poisoning contracted from eating poorly prepared chicken.

James sought legal advice and made a claim for food poisoning at a Moroccan resort against TUI UK Limited trading as First Choice Holidays – the tour operator through which James and Paula had booked their holiday in Marrakech. James alleged in his claim that there had been a failure to maintain acceptable food standards at the resort and, as a result, he had contracted campylobacter food poisoning.

Speaking with the Ripley and Heanor News about his claim for food poisoning at a Moroccan resort, James said: “We booked this holiday as a way of celebrating my birthday and we’d been looking forward to it for a long time. But, in truth, it turned into a nightmare for both of us. I had to take some extra time of work to recover from the symptoms and I still don’t feel completely right.”

An investigation has now started into James´ allegations. A spokesperson for First Choice Holidays would only comment: “First Choice is sorry to hear of Mr and Mrs Gratton´s experience.”

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Family Claim Compensation for Scalding in a Hotel Shower

November 12, 2015

The family of a woman, who died from injuries sustained in an accident at the Premier Inn, has made a claim for compensation for scalding in a hotel shower.

In the summer of 2012, Kalyani Uthaman (59) from Bangalore in India was staying at the Premier Inn in Newcraighall while she was on a sightseeing holiday in Edinburgh. While staying at the hotel, she was scalded when taking a shower and suffered burns to 25% of her body. Kalyani died six weeks later in hospital due to multiple organ failure.

Kalyani´s death was attributed by doctors to the degree of burns she sustained in the accident. Investigations into Kaylani´s death were conducted by the police and Edinburgh City Council, but the Crown Office decided that a fatal accident enquiry was not “in the public interest”.

Annoyed that they still had unanswered questions, the Uthaman family have now made a claim for compensation for scalding in a hotel shower, and a summons has been issued to Whitbread PLC – the owners of the Premium Inn budget hotel chain.

A date of November 20th has already been set for the initial hearing of the claim – a “significant milestone” according to the family´s solicitor. A spokesperson for Premier Inn also released a statement to the press in which the hotel chain said; “Our thoughts are with the family of Ms Uthaman during what must have been, and which must remain, an extremely difficult period for them.”

However, the statement was dismissed by the family for being the first communication from Whitbread PLC for over two years. Kalyani´s son – Sundar – told BBC Scotland “It is an irreparable loss, given the love and affection she had for us and we had for her. It was something none of us expected would ever happen in a very safe country like the UK.”

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Families Initiate Claims for Ski Holiday Coach Crash Injuries

July 24, 2015

Two families from West Lancashire have initiated claims for ski holiday coach crash injuries after experiencing a near-fatal accident in France.

On 4th January 2015, the Hannah family from Ormskirk and their friends – the Rothwell-Bowness family from Aughton – had just completed their holiday in the ski resort of La Rosière in south-east France and were on a coach transfer to Chambéry Airport to catch their flight home.

Suddenly, the coach on which they were passengers left the road, overturned and came to rest against guard rails preventing a fall into a deep ravine. French police are still investigating the cause of the accident, but driver error is suspected.

Of the thirty-two British tourists travelling in the coach Katie and Gary Hannah, and Sarah Rothwell-Bowness seem to have suffered the most severe injuries. Fortunately the children travelling in the party escaped with minor bruising and a few cuts and grazes.

Katie Hannah (40) suffered terrible injuries to her right arm. Still to undergo surgery to remove fragments of glass that are embedded in her arm, Katie has significant physical scarring which is likely to remain with her for the rest of her life.

Gary Hannah (44) is still undergoing treatment for nerve damage to his right shoulder and it is not yet known whether or not he will regain the full movement of his right arm. Sarah Rothwell-Bowness (42) suffered extensive injuries to right forearm and has been told that she might never regain the full use of her right hand.

After seeking legal advice, the two families have initiated claims for ski holiday coach crash injuries against the tour operator through whom the skiing vacation was booked – Esprit Holidays of Godalming in Surrey. If driver error is confirmed, it is likely that the claims will be successful.

Speaking with her local press about the claims for ski holiday coach crash injuries, Sarah said: We had a great trip in France but the day of the crash has to be one of the worst of my life. We all simply want to know what happened and what can be done to ensure it doesn’t happen again. The last few months have been the most difficult time of my life and I would not want anyone to have to face what I’ve been through.”

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EAT Provides Opportunity to Claim Compensation for Unpaid Overtime in Vacation Pay

November 7, 2014

This week´s ruling by the Employment Appeal Tribunal – that payment for regular extra hours worked by an employee should be included in their holiday pay – has provided an opportunity for workers to claim compensation for unpaid overtime in vacation pay.

The ruling came in respect of two cases – Bear Scotland Ltd v Fulton & BaxterHertel (UK) Ltd v Wood & Ors; and Amec Group Ltd v Law & Others – in which the union Unite had challenged the interpretation of the UK Working Time Directive.

Representing electricians, scaffolders and semi-skilled operatives who worked at the West Burton power station site in Nottinghamshire, the union claimed that the employees regularly worked overtime but, as overtime payments were not included in their holiday pay, they received considerably less money when they took holidays compared to when they were working.

The Employment Appeal Tribunal agreed with the union´s arguments, but imposed conditions on how far back employees could claim for unpaid overtime in vacation pay – limiting retrospective claims to any holiday that an employee has taken in the past three months.

However, the wording of the ruling by the Employment Appeal Tribunal has made it a possibility that some employees may be able to claim compensation for unpaid overtime in vacation pay for up to six years by suing their employer for breach of contract.

In its ruling, the Employment Appeal Tribunal said that “overtime required to be worked by workers under their contract constitutes part of their normal pay”. The Tribunal added that if an employee´s vacation pay did not include their regular overtime payments it constituted an “unlawful deduction from wages”.

Under the Employment Rights Act 1996, an “unlawful deduction from wages” represents a breach of contract by the employer and employees would be entitled to claim compensation for unpaid overtime in vacation pay going back six years – the maximum time allowed for a breach of contract claim in the UK.

Employees, who may be entitled to up to six years of retrospective vacation pay, should speak with a solicitor at the earliest possible opportunity to establish whether they have a claim for unpaid overtime in vacation pay which is worth their while to pursue and to be given information about the legal options available to them.

Please note: This week´s ruling by the Employment Appeal Tribunal affects only regular overtime payments. Employees who regularly receive commission payments in their “normal pay” – but not in their holiday pay – will have to wait until February 2015 when the Tribunal will review the decision of the Court of Justice of the European Union in Lock v British Gas Trading Ltd.

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Claim for Norovirus Food Poisoning Made against Butlins

June 6, 2014

A claim for norovirus food poisoning has been made against Butlins by 219 holidaymakers who fell ill due to alleged hygiene and sanitary failings.

Between May and July 2011, holidaymakers left the Butlins Holiday Centre in Bognor Regis with souvenirs they would rather have left behind. According to documents filed at Birmingham County Court, 219 guests at the West Sussex resort were diagnosed with norovirus food poisoning – allegedly due to failings in hygiene and poor sanitary conditions.

Among the allegations made in their compensation claim for norovirus food poisoning in Butlins, the victims of the contagious stomach bug claim that the food servers to them was undercooked, that no action was taken to protect the food from the presence of flies, and that pigeons were allowed to strut around tables on which food was later to be served.

The affected holidaymakers – who included two special needs groups from London – claimed that the the smell of raw sewerage was evident in certain areas of the resort and that the swimming pool was not maintained to standard, and was filled with “cloudy water with slime around the edges”.

Butlins´ parent company – Bourne Leisure – deny that they was any lack of hygiene or sanitation at the holiday camp and argue that the norovirus bug could have developed from anywhere and that the claim is speculative. The company intends to defend the allegations made against it “robustly” a spokesman said.

He added: “We operate our resorts to the highest health and safety standards and work closely with the Health and Safety Executive to ensure that our guests’ safety takes priority.”

The bug – which manifests as diarrhoea and vomiting – usually remains in a victim´s system for just a few days, but ruined the holidays of those affected by it. No court date has yet been scheduled to hear the claim for norovirus food poisoning against Butlins, but the claimants´ legal representative commented that if no acceptable resolution could be agreed out-of-court, the holidaymakers are prepared to seek justice for their ruined holidays through the courts.

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Woman Recovers Compensation for Boat Accident on Holiday

June 4, 2014

A woman has recovered an undisclosed five-figure settlement of compensation for a boat accident on holiday after she returned from Mexico with her back fractured in two places.

Carol Smith was on holiday in Cancun, Mexico with her husband after undergoing radiotherapy to help her beat cancer. The highlight of the June 2011 holiday was a six-hour boat trip to swim with whale sharks which had been pre-booked as part of their package. However, as their boat headed out towards the sea, the weather became stormy and large waves started to hit the boat.

Several of the passengers aboard the boat asked the captain to abandon the trip and return to shore, but the captain refused despite many of them being sick, and an hour into the trip the boat was hit by an unusually large wave which threw Carol out of her seat. Carol (53) landed awkwardly against the plastic seat and knew instantly that she had damaged her back.

Carol spent the rest of the boat trip in pain – trying to keep as still as possible and holding on firmly to the side of the boat – until it returned to shore. The couple´s holiday had been ruined; and, on their return to the UK, Carol visited hospital to have an x-ray on her back, which revealed two fractures. Carol was admitted to hospital, where she spent three weeks unable to work and, after her discharge from hospital, spent a further eight weeks wearing a special brace to support her injury.

After seeking legal advice, Carol and her husband claimed injury compensation for the boat accident on their holiday – alleging that the excursion pre-booked with the holiday company – Thomson Holidays – had been unsafe. Thomson Holidays conducted their own investigation into the circumstances of the boat trip and, after admitting liability for Carol´s injuries, agreed to a settlement of her claim for a boat accident on holiday.

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Holiday Firm Admits Liability in Child´s Eye Injury Compensation Claim

December 13, 2013

A holiday firm has admitted liability in a child´s eye injury compensation claim during a hearing at the High Court in London.

Toby Corps from Ashford in Kent was just five years of age when he was on a family vacation at the Dar Khayam Hotel in Hammamet, Tunisia, in April 2008. During a supervised “animation team” activity, Toby was among a group of twelve children who were throwing darts at a dartboard suspended on a tree.

While Toby was waiting his turn to throw darts, the child who had preceded him in the game took his darts out of the board and threw one towards Toby – piercing his left eye. Toby suffered a detached retina in the accident and had to undergo surgery to have a cataract removed.

Through his father – Paul Corps – Toby made a child´s eye injury compensation claim against the holiday firms through which the holiday was booked; alleging that staff at the hotel failed to warn the children that darts could cause injuries or organise a reasonably safe system for playing the game.

The travel agent through whom the holiday booking was made – Future Travel – denied their liability for Toby´s injuries; arguing that the holiday was not booked as a package deal and that the claim for child´s eye injury compensation was therefore excluded from the Package Travel Regulations.

However before Mr Justice Bean at the High Court in London, youtravel.com – the holiday firm responsible for supplying the hotel accommodation – acknowledged that the “animation team” staff at the hotel had failed in their duty of care for Toby and admitted liability for his injuries.

Mr Justice Bean adjourned the case so that an assessment could be made of how Toby´s injury might affect his future education and employment prospect. Court papers suggest that the settlement of the child´s eye injury compensation claim could ultimately be around £50,000.

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Settlement of Injury Claim for Bike Accident Abroad Approved in Court

November 22, 2013

A motorcyclist, who was left in a coma after a collision with a tractor in Germany, has had the settlement of his injury claim for a bike accident abroad approved at Birmingham High Court.

The motorcyclist – thirty-nine year old Shane Booth from Solihull in the West Midlands – was on a biking holiday in Germany, and returning to his accommodation in Baden-Baden, when the accident occurred in August 2009.

As Shane and a colleague were driving down the B500 Schwarzwaldhochstrasse from the Nurburgh Ring, a tractor turned left immediately across Shane´s path – leaving him nowhere to go except straight into the side of the tractor.

Shane suffered severe brain damage, internal injuries and multiple fractures in the collision and remained in a coma in a German hospital for several weeks before regaining consciousness and being flown back to Coventry Hospital to continue his recovery.

As soon as he was well enough, he was transferred to Leamington Spa Rehabilitation Hospital, where he underwent an intensive rehabilitation program to help him recover his speech and to help him learn to walk again.

Shane made an injury claim for a bike accident abroad against the driver of the tractor – who a police investigation had found responsible for causing the accident and who was convicted of causing bodily harm by negligence.

With liability not in doubt, the only issue that had to be resolved was to ensure that Shane received sufficient compensation to cover his medical costs, the value of his personal injury and the loss of earnings the former IBM sales director sustained.

A figure of £6.1 million was agreed in settlement of Shane´s injury claim for a bike accident abroad and last week the settlement was approved by Birmingham High Court. Shane said after the court hearing “While I do get frustrated with needing support to do simple tasks, looking back at pictures of me, I recognise how extremely lucky I am to even be alive”.

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Personal Injury Compensation for a Car Accident Abroad Approved in Court

May 18, 2013

A man who was left in a coma after being hit by a car in Rome has had a settlement of injury compensation for a car accident abroad approved in court.

James Kennedy (now 37 years of age) was on vacation in Rome with friends when, on 14 January 2006, the recruitment consultant from Gosforth in Newcastle was hit by a car while trying to cross the Corso Vittorio Emmanuele in Rome´s ‘Eternal City’.

James was taken to the city´s Santo Spirito Hospital, where he remained in a coma for ten months suffering from catastrophic brain injuries and multiple fractures. Although now considered by his doctors to be ‘mentally acute’, James´ physical injuries mean that he is confined to a wheelchair and he also suffers from poor memory and a lack of concentration due to the brain damage he sustained in the accident.

Because of his inability to focus for long periods of time, James made a person injury claim for a car accident abroad through his mother Elaine against the driver of the vehicle – Father John Cole of Merthyr Tydfil.

Father Cole´s insurance company initially contested the claim on the grounds that James had been wearing dark clothing on the night of the accident and had ‘kept no proper lookout’ before stepping out into the street.

A negotiated agreement was reached in October 2009, in which the insurance company accepted 80 percent liability for James´ injuries and the person injury claim for a car accident abroad was adjourned for the assessment of damages.

An interim payment of injury compensation for a car accident abroad was paid to James earlier this year to enable him to move into a more suitable home and, at the High Court in London, Mr Justice Bean approved a final settlement of a £3 million lump sum and index-linked, tax-free payments of £210,000 every year to pay for the cost of the care and support James will need for the rest of his life.

The judge ordered that the settlement of injury compensation for a car accident abroad be managed by the Court of Protection and commented  that James risked having a bigger percentage deducted from the settlement for his contributory negligence had the case been resolved by a trial.

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Woman Awarded Holiday Slip Injury Claim Caused by an Air-Con Leak

March 10, 2013

Sylvia McNicholl (49), who slipped on fluid which had dripped from an air-conditioning unit while she was on holiday in Tenerife, has been awarded £37,000 compensation for a holiday slip injury claim caused by an air-con leak.

The woman, from Coatbridge, North Lanarkshire, had just arrived with her family at the Fanabe Costa Sur Hotel in Tenerife in May 2008. As Mrs McNicholl awoke from her sleep in the middle of the night to help her three-year-old son who wanted to go to the bathroom, Sylvia slipped on water which had dripped from an air conditioning unit and hit her head on the door of a press.

She was knocked unconscious by her accident and was in need of stitches and treatment to close the head laceration. However, the effects of her accident were not short lived and she still experiences headaches and spells of dizziness as well as a loss some of her senses of smell and taste.

Upon returning to the UK, Mrs McNicholl spoke to her solicitor and was advised she could make a claim for compensation as the hotel did not have adequate records detailing the maintenance of the air conditioning system as required by the Spanish authorities.

Thomas Cook, the holiday company that Sylvia booked the family vacation with, acknowledged their liability for her accident and the two parties agreed a settlement of £37,000 in compensation compensation for a holiday slip injury claim caused by an air-con leak to take into account Mrs McNicholl’s suffering at the time of the accident, the cost of the ruined holiday and a contribution towards lost  income and ongoing care and medical treatment needs.

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UK Holiday Injury Claim for Slip on Cruise Ship

April 21, 2012

A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost €2.3m in a UK holiday injury claim for a slip injury on a cruise ship.

Denise Kaba from Florida was journeying on a cruise on the Carnival Pride ship in August 2009, when she slipped and fell on the pool deck which had been treated with a resin that made it hard and slippery when wet.

As a result of her fall and slip, Denise experienced a fractured patella and had to undergo surgery six times to enable it to heal effectively. It was also claimed in her action at the U.S. District Court that she may have to have total knee replacements in the future.

Denise’s legal representatives claimed in court that Carnival were aware of previous injuries associated with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential hazards.

In concurring with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded £1.9m in damages, consisting of more than £138,000 in past medical expenses, nearly £235,000 in future medical fees, just more than £107,000 in loss of earning capacity, £126,000 for pain and suffering in the past and nearly £1.24m for future non-economic damages.

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Holiday Bedbug Bites Compensation for Sisters

August 30, 2011

Two sisters, whose visit to London was ruined by the bites they received from bedbugs present in the bedding at their hotel, have each been awarded 1,600 pounds in compensation in an out-of-court settlement.

Melanie Carmen, aged 59, from Whitstable, Kent, and Joy McDonagh (51) from Sidcup, Kent, spent three nights in London at the Airways Hotel in Victoria in February 2010 to celebrate Joy´s 50th birthday. However, after their first night in the accommodation, both were covered in bites from an infestation of bedbugs.

They had the presence of mind to report the issue to hotel staff and requested that they were moved to another room. However, there were also bedbugs in the change of accommodation and, after two further nights of poor sleep, the women had a total of 138 bites between them.

After seeking legal counsel, Melanie and Joy sued the Airways Hotel for personal injury compensation and without admitting liability, the hotel settled out of court – paying each 1,600 pounds to cover the women´s medical expenses and loss of earnings as they were unable to immediately return to work after their visit to London.

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Holiday Injury Compensation for 138 Tourists

March 5, 2011

138 British holidaymakers who fell ill while staying at the 4 star Riu Miramar hotel in Obzor, Bulgaria, in July 2006 are to receive holiday injury compensation from Thomson’ s Holidays after a four-year battle for justice.

The holiday injury claim against the holiday giant had been made after guests were made to wade through mud and silt to get to the hotel reception, faced poor food hygiene and often suffered a lack of fresh water and electricity due to recent flooding.

The guests who became ill blamed their condition on the shocking standards at the hotel – with many suffering typical symptoms of food poisoning such as stomach cramps, sickness and diarrhoea. Complaints to the hotel management team and Thomson’s representatives were ignored.

Thomson’s parent company, TUI UK Ltd, admitted liability just as a two-week trial was scheduled to start at Birmingham County Court and, although no amounts of individual holiday injury compensation are yet to be agreed, Judge David Worster passed an interim order for 300,000 pounds to be paid into court.

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Holiday Injury Compensation for 12 Year Old Girl

October 16, 2010

A health and safety investigation has led to a 12 year-old Bristol girl receiving 5,000 pounds compensation, after she fell and smashed her head into a glass door panel at the Purn Holiday Park in Bleadon, Somerset.

North Somerset Magistrates heard how Geoffrey Bass, Purn Holiday Park’s general manager, did not implement warnings made by health and safety inspectors prior to the incident in May 2009 in which the girl sustained serious injuries to her face and cuts across her nose and cheek.

The door against which the unnamed girl fell on her holiday at the park did not have a safety material – such as laminated or safety glass – and the Magistrates heard how she had to undergo plastic surgery after the accident, and it is not yet known whether the deep red scar across her face will ever fade.

Despite some improvements which have been made to the holiday park since May 2009, Mr. Bass was fined, ordered to pay costs and compensate the girl for her injuries.

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