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Accidents on Vacation Abroad

If you have sustained an injury in accidents on vacation abroad, certain conditions have to be met before you will be entitled to claim compensation for accidents on vacation abroad. Most often your vacation must have been booked through a UK tour operator, however there are certain cases where an independent traveller may be entitled to make an accidents on vacation abroad compensation claim. Speak with an experienced solicitor on our freephone injury claims advice service for more information.

Liability Admitted in Turkish Holiday Child Injury Claim

May 8, 2017

Liability has been admitted in a Turkish holiday child injury claim, made on behalf of a six-year-old boy who suffered brain damage when a speaker fell on him.

In June 2014, the Burch family from Gillingham in Kent stayed at the five-star Yasmin Resort in Turgutreis near Bodrum after booking their holiday through Thompson. While the family lounged by the pool, a speaker fell from the roof of the resort building and landed on the head of Stanley Burch – who was just three years of age at the time.

Stanley´s parents – Mitchell and Amy – feared that their son had died due to him lying on the sun lounger motionless. However, another guest at the resort identified himself as a doctor and rushed the young boy to the nearby Bodrum Hospital. At the hospital, Stanley was diagnosed as having suffered an epidural haematoma and he underwent surgery for three hours to drain the excess blood from his brain.

Despite having twenty staples holding his skull together, Stanley was able to fly home with his family two weeks later. He underwent further treatment at Kings College Hospital in London, but doctors fear that scar tissue on the right side of Stanley´s brain will result in brain damage and affect his future development.

After seeking legal advice, Mitchell and Amy made a Turkish holiday child injury claim against Thomson. Following an investigation into how the speaker could have fallen from the roof on the resort, the company admitted liability for Stanley´s injuries. However, as it is too early to know what the long-term effects of the accident will be, no final settlement of compensation has been agreed.

Speaking to his local newspaper, Stanley´s father said: “He is happy and doing well, and we are lucky he is alive. But no-one knows for sure if he will develop 100 percent as he should have. It is very stressful thinking how what happened on that day could still change his life now. We can’t get that day out of our heads, we really thought he was dead.”

Commenting on the Turkish holiday child injury claim, a spokesperson from Thomson said: “Our resort team offered every possible support and assistance at the time of and in the aftermath of the incident, conducting a full investigation to understand what happened. Our Welfare Team based in the UK are also in direct contact with the customers and continue to offer the necessary support.”

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Couple Receive Compensation for an Illness on a P&O Cruise

February 25, 2017

A couple who were both taken ill during a holiday to celebrate their golden wedding anniversary have received compensation for an illness on a P&O cruise.

In January 2015, David and Doreen Dale from Whitstable in Kent were on the holiday of a lifetime to celebrate their fiftieth wedding anniversary. Having flown out to Australia to join the P&O cruise ship Arcadia, the couple were looking forward to enjoying a luxury vacation.

However, on the fourth day of their holiday, Doreen contracted a respiratory tract infection – a contagious illness that affects the lungs and airways. She was able to receive medical attention in Perth, but David was not so fortunate – contracting the disease later in the trip and being denied the opportunity to see a doctor at the on-board medical centre.

Both David and Doreen needed further medical attention when they returned to the UK and thereafter sought legal advice, discovering later that a total of eleven passengers on their vacation were claiming compensation for an illness on a P&O cruise – at least one of whom had contracted the food poisoning bug Campylobacter.

Describing the conditions on board the ship, Doreen said: “Both David and I were really concerned by certain things on board the ship, such as air conditioning units that were leaking and the bed linen not being changed daily. It was obvious that people on board the ship were not well as in the evenings you could hear lots of coughing in the theatre.”

Solicitors acting on behalf of the group of holidaymakers have now negotiated a settlement of compensation for an illness on a P&O cruise. Speaking to the Daily Express, Doreen said: I am relieved that our legal battle is finally over. Our cruise was a nightmare and we were so disappointed and upset that our fiftieth wedding anniversary was ruined.”

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Claim for an Injury at a Ski Resort Resolved by Negotiation

February 2, 2017

A holidaymaker´s claim for an injury at a ski resort has been resolved by negotiation following court proceedings being issued against a ski lift operator.

In December 2010, twenty-five year old Tom Giddens was on holiday at the French ski resort of Val Thorens in Saint-Martin-de-Belleville, when he and a friend got onto the ski lift with the intention of enjoying one final run of the day.

The ski lift stopped 200 feet from the top of the run and, as the two friends waited for the lift to restart, the temperature started falling. Tom – a student from Solihull in the West Midlands – rang the ski lift emergency number, but only got through to a message service in French.

After thirty minutes of waiting for help to arrive, Tom and his friend decided to jump from the ski lift. Tom´s friend lowered himself onto the bar of the ski lift and landed safely on the ground but, when Tom jumped, he landed badly and broke his leg.

Fortunately help arrived quickly, and Tom was taken to the resort´s medical centre on a bud wagon. After receiving preliminary treatment, he was transferred to Moutiers Hospital, where a metal pin was inserted into his leg to help the broken bone heal properly.

Tom returned to the UK five days later, where he spent five weeks recovering at the Good Hope Hospital in Sutton Coldfield. He was discharged on crutches and subsequently underwent eighteen months of physiotherapy. Sadly, he never regained the level of fitness he had prior to the accident.

Tom sought legal advice and made a claim for an injury at a ski resort against the operator of the ski lift – Societe D’Exploitation des Telepheriques Tarantaise-Maurienne – on the grounds that there had been a lack of safety standards.

The ski lifted operator initially denied liability, but once court proceedings were filed he France, negotiations started to resolve the claim for an injury at a ski resort, and Tom´s case was eventually settled for an undisclosed five-figure amount.

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Solicitors Investigating Unhygienic Hotel Swimming Pool Claims

October 10, 2016

Solicitors are investigating several unhygienic swimming pool claims made by a group of holidaymakers who fell ill during an all-inclusive holiday in Greece.

Earlier this year, several families booked all-inclusive holidays at the Marelen Hotel on the Greek Island of Zante. During their stays, seventeen guests are known to have contracted severe gastric illnesses attributed to the Cryptosporidium parasite – a microscopic parasite that breeds in contaminated water in swimming pools.

The guests reported several lapses in hygiene at the resort including faecal matter in the swimming pool. Other guests reported seeing staff cleaning the tiles surrounding the pool with a nailbrush and then rinsing the nailbrush in the swimming pool water. No deep cleaning of the pool or water testing was witnessed by any of the guests.

One of the holidaymakers who suffered from the Cryptosporidium illness was Rosanna Crowley (27) from Kettering in Northamptonshire. She 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.”

On her return to Northamptonshire, Rosanna visited her local GP as she was still suffering the symptoms of stomach cramps, vomiting and diarrhoea. The presence of the Cryptosporidium parasite was confirmed by her GP and, due to the breeding habits of the parasite, her house also had to be inspected by Environmental Health Officers to ensure her own hygiene standards were being maintained.

Now Rosanna and the other holidaymakers that suffered a gastric illness have instructed solicitors to make unhygienic swimming pool claims against the tour operator through whom the holiday was booked – Thomas Cook. According to the solicitor, the aim of the unhygienic swimming pool claims is not only to recover compensation for those whose holiday was ruined by the Cryptosporidium parasite, but also to make sure that steps are taken to prevent the same thing from happening again.

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Claim for an Accident While Working in Australia Settled

July 18, 2016

A British woman´s claim for an accident while working in Australia has been settled for Au$12 million following court hearings in Manchester and Hobart.

In December 2011, Holly Raper (27) from Chorley in Lancashire was backpacking her way around the world, and had just started working at the King Island Dairy Farm in Tasmania, when she was involved in a serious quadbike accident while herding cattle for the first time.

Holly remained in a coma for several months after the accident and, due to the catastrophic brain injury she sustained, is now a quadriplegic – unable to communicate, move or feed herself. Holly was flown back to her family home in March 2013, where she is now cared for by her mother and two professional carers.

Despite receiving a Au$290,000 compensation settlement from the Tasmanian Workers Rehabilitation and Compensation Tribunal, Holly´s father – Chris – made a claim for an accident while working in Australia on his daughter´s behalf against the owners of the King Island Dairy Farm – David and Jocelyn Bowden.

In the claim for an accident while working in Australia, Chris alleged that Holly had not been provided with a helmet or properly trained to herd cattle on a quadbike. It was also claimed that the quadbike had significant defects, including disconnected rear brakes, excessive steering wear, and a rear wheel had been put on backwards.

The claim was contested on the grounds that Holly had contributed to her accident and the extent of her injuries by her own lack of care. The amount of compensation being claimed on Holly´s behalf was also considered excessive by the Bowden´s insurance company and a date was scheduled for a court hearing.

However, due to the cost of flying Holly´s medical experts over from the UK, Judge Steven Estcourt flew to Manchester to hear witness testimonies before returning to Hobart for the conclusion of the case. The judge found in Holly´s favour, dismissing the allegations of contributory negligence, and awarding Holly´s family Au$12 million in settlement of the claim for an accident while working in Australia. The settlement will be put into a trust to pay for Holly´s future care.

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Claim for an Illness on Holiday in Egypt Settled Out of Court

June 27, 2016

A family from Essex has resolved its claim for an illness on holiday in Egypt, and received extra compensation for injuries due to being bitten by bed bugs.            

In December 2014, Rae Clayton and his partner Rachel visited the five-star Hotel Sunwing Waterworld in Makadi Bay, Egypt – together with Rae´s mother and Rachel´s five-year-old daughter – to celebrate two years of being together.

However, during the first night of their stay, Rachel suffered hundreds of bites believed to be caused by bed bugs. She was subsequently given a cortisone injection, and prescribed antihistamines and pain killers, but has been left with scars on her legs.

The family changed rooms the following morning, but soon after all four of the party started suffering from diarrhoea, stomach cramps and sickness. Rachel was affected particularly badly, and continued to suffer the symptoms after her return to the UK – losing more than half a stone in weight.

On the family´s return, Rae sought legal advice and made a claim for an illness on holiday in Egypt against the tour operator through whom the holiday had been booked – Red Sea Holidays Ltd. The claim also covered the bite injuries that Rachel had sustained on the first night of their holiday.

Rae alleged in his claim for an illness on holiday in Egypt that old food had been added to freshly cooked food, and that some of the meals appeared to have been reheated and served on more than one occasion. He also claimed that there was a general lack of cleanliness throughout the hotel – particularly the utensils that were used to serve the food.

Red Sea Holidays Ltd. denied responsibility for the family´s illnesses and Rachel´s bed bug bite injuries. However, after the family´s solicitors had issued legal proceedings, the tour operator agreed to a five-figure settlement of the claim for an illness on holiday in Egypt without an admission of liability.

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Disney Cruise Injury Claims Likely Following Norovirus Outbreak

May 10, 2016

Up to 145 passengers and crew aboard a Caribbean cruise may be eligible to make Disney Cruise injury claims following confirmation of a norovirus outbreak.

A Caribbean cruise from Miami to the Bahamas turned sour for 131 passengers and 14 crew of the Disney Wonder when they were struck down with vomiting and diarrhoea between 27th April and 1st May.

When the outbreak of illnesses was reported to U.S. Center for Disease Control, the cruise ship was boarded by environmental health officers on its return to Miami, and an assessment was conducted to review the outbreak and the company´s response.

The company informed the environmental health officers that increased cleaning and disinfection procedures had been instigated in accordance with the cruise ship´s outbreak prevention and response plan, and that stool specimens had been collected for testing from affected passengers and crew members.

The Center for Disease Control has now analysed the stool samples and confirmed that the illnesses were attributable to norovirus – a common and highly contagious form of gastroenteritis that can be transmitted quickly in confined environments. Environmental health officers are still trying to locate the origin of the outbreak.

The company hopes to avoid a significant number of Disney cruise injury claims by handling requests for refunds on a case-by-case basis. Some of the affected passengers are also being offered credits for future cruises.

Disney cruise injury claims are rare. The most recent outbreak comes fourteen years since the last recorded outbreak of norovirus on a Disney cruise ship. On that occasion hundreds of passengers fell ill on two Disney Magic cruises from Port Canaveral. The lack of Disney cruise injury claims has been attributed to staff handing guests hand wipes when they enter dining areas.

This is the tenth outbreak of norovirus on a cruise ship that the Center for Disease Control has investigated and confirmed this year.

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Liability Admitted in Claim for a Cycling Accident in France

February 29, 2016

The insurers of a French motorist have admitted their client´s liability in a claim for a cycling accident in France made by a man from the West Midlands.

In August 2015, Christopher Brody (47) from Sutton Coldfield was enjoying a week´s vacation with his wife and two sons in Brittany, when he was hit by a camper van while on a cycling tour. Because of the way he fell, Christopher was dragged underneath the camper van and suffered horrific injuries.

Christopher was taken to hospital in Brest, where he underwent surgery for a fractured pelvis and was treated for nine broken ribs, a fractured right wrist, a cracked vertebrae and cuts across his body. While in hospital, Christopher developed an infection in his right forearm and displayed symptoms of a psychological trauma.

In September, Christopher was air-lifted to the Queen Elizabeth Hospital in Birmingham where he underwent a second operation on his fractured pelvis. He was discharged after five weeks, but returns regularly for ongoing treatment and rehabilitation therapy. Christopher has been unable to work since his accident.

After seeking legal advice, Christopher made a claim for a cycling accident in France against the driver of the camper van that ran him over. Mutuelle de Poitiers, the French insurers of the negligent driver has admitted liability for the accident and negotiations have started to secure Christopher sufficient compensation to pay for his continuing physiotherapy and rehabilitation.

Speaking about his claim for a cycling accident in France, Christopher said: “The accident just happened so quickly. One minute I was cycling along the road, the next I was being dragged along the road by a vehicle that had struck me from behind. I have been signed off work for six months and have been forced to completely change my living arrangements at home due to my injuries. I know I face a long road to recovery and a prolonged spell of physiotherapy.”

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Compensation Sought for being Scalded by Hot Water on an Aer Lingus Plane

January 2, 2016

A woman has filed a claim for compensation in a New York court after her son was scalded by hot water on an Aer Lingus plane flying from Dublin to JFK.

The unnamed child was travelling with his mother from Dublin to John F Kennedy International Airport on 30th June 2014 when – it is alleged in court papers – “he was injured as the result of scalding hot liquid”.

Few details are provided in the claim for being scalded by hot water on an Aer Lingus plane about how the accident happened, only that the child “was deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same” as a result of the accident.

The airline has denied that the child was scalded by hot water on an Aer Lingus plane due to the negligence of its crew; but, under the Montreal Convention, is liable for any injuries suffered by passengers during a flight. The airline has requested the boy´s medical records ahead of a settlement conference later in the month.

Another Injury Claim against Aer Lingus also in Mediation

The New York claim for being scalded by hot water on an Aer Lingus plane is not the only legal action the airline is defending in the United States. In August 2015, the parents of a ten-year-old girl allegedly scalded by hot tea on a flight from Dublin to Orlando claimed $75,000 compensation for their daughter´s injuries.

According to papers filed with the United States District Court in Jacksonville, Florida, the girl suffered severe burns to her upper thighs and lower torso when tea spilt from the cup due to the lid not being properly attached. The parents are also claiming that Aer Lingus failed to serve the tea at a safe temperature or warn passengers of the known risks associated with the hot drink.

The airline has entered into a mediation process to resolve the claim for being scalded by hot tea on an Aer Lingus flight, as the parents are claiming that the girl´s ability to enjoy a normal childhood have been permanently impaired – both physically and psychologically – and that she could require plastic surgery in the future.

Child Awarded €7,000 Compensation for being Scalded on an Aer Lingus Plane

The two most recent claims for being scalded by hot water on an Aer Lingus plane have both been made on behalf of US citizens in their home jurisdiction, but compensation for being scalded on an Aer Lingus plane has also been awarded closer to home.

In June 2011, five-year-old Sophie Gorman was scalded by hot tea on an Aer Lingus flight from London to Dublin after a stewardess had attempted to place a cup of tea on the table in front of her mother and spilled some of the tea on Sophie´s leg.

Despite receiving first aid on the flight and medical attention when she arrived at Dublin Airport, Sophie had visible burn marks on her legs and now has a small pigment irregularity. The airline made an offer of €7,000 compensation for being scalded on an Aer Lingus plane – an offer which was accepted and approved by Mr Justice Matthew Deery at the Circuit Civil Court in July 2012.

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Family Want Compensation for Illnesses on a Majorca Holiday

October 13, 2015

A family from Middlesbrough have instructed solicitors to investigate whether they are entitled to compensation for illnesses on a Majorca holiday.

In the summer of 2014, Deborah and Ian Crawford took their two young sons on holiday to the Protur Safari Park Resort in Majorca. The holiday was not only intended to be a relaxing getaway for the family, but also a celebration of Ian´s 52nd birthday.

However, rather than being a treat for the family, the holiday turned into a nightmare as all four family members developed ear infections, and forty-four year old Deborah developed pneumonia during the holiday which resulted in her having to take six months off from work.

Deborah also developed a skin condition, which was diagnosed on her return to the UK as scabies, and her youngest son nearly choked to death when half-swallowing a piece of plastic that was concealed in a hotel potion of lasagne.

Speaking about the family´s experience, Deborah said: “After a couple of days, we all suffered with ear aches, we visited the pharmacy and were given drops but it quickly became clear that we’d suffered some kind of infection – this was confirmed when we visited our GP once we returned home”.

“It was just one thing after another” she continued, “which meant that the majority of the holiday was a write-off. When Blaise choked on a piece of plastic we found in one of his meals, we could barely believe it – the holiday was supposed to be a relaxing break and a celebration yet we could not wait to get home”.

Deborah and Ian have now instructed solicitors to investigate whether they are entitled to compensation for illnesses on a Majorca holiday. The trip was booked through Thomson Holidays so, if poor standards of hygiene and food preparation are identified at the resort, a claim for compensation can be made in the UK.

Deborah added that no amount of compensation for illnesses on a Majorca holiday can ever compensate for what the family suffered, and the upset and frustration they experienced. However, she hoped that the investigation would result in the answers the family was looking for regarding the problems they encountered.

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Woman Recovers Compensation for an Illness on a Spanish Holiday

August 21, 2015

A woman from the West Midlands has recovered a five-figure settlement of compensation for an illness on a Spanish holiday from the holiday firm TUI.

In January 2011, Michael and Margaret Bateman from Oldbury in the West Midlands travelled to Gran Canaria for a four-week holiday in the four-star Hotel Club Riu. Having stayed at the resort previously, the retired couple were looking forward to a relaxing holiday, Margaret (67) fell ill with the symptoms of food poisoning.

Margaret was confined to her hotel room for much of the holiday where she was cared for by her husband. On the couple´s return to the UK, Margaret attended her GP who diagnosed her with campylobacter – usually caused by meat not being prepared properly or not being refrigerated once it has been cooked.

Margaret´s symptoms continued and she was confined to her home for several months. After she had recovered, Margaret sought legal advice and claimed compensation for an illness on a Spanish holiday against the travel company through whom the holiday had been booked – TUI UK Ltd – alleging that she had seen dirty cutlery in the restaurant and food being served from the previous day.

TUI UK Ltd initially denied its liability for Margaret´s illness – even though her claim was supported by reports from a microbiologist and a health and hygiene officer – but eventually conceded that Margaret´s claim for compensation for an illness on a Spanish holiday was justified and settled the claim for an undisclosed five-figure amount.

Speaking after her claim had been resolved, Margaret said: “Psychologically my illness has tremendously affected my life and whilst I have been away on holidays since, I am very conscious of falling ill again. No amount of money can make up for the impact that this illness has had on my life, but now that I know TUI have paid for the failings at the resort, I can begin to move forward.”

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Woman Settles Claim for a Holiday Illness in Egypt

August 3, 2015

A woman who was diagnosed with post-infective irritable bowel syndrome after a 2010 Christmas break has settled her claim for a holiday illness in Egypt.

In December 2010, Claire Maidment (27) from Washington, Tyne and Wear, and her partner Nathan Hawkins (27) travelled to the Hauza Beach Resort on the north end of the Sharm-el-Sheik coastline, for a relaxing break over Christmas.

Within days of arriving, both Clare and Nathan displayed symptoms of a gastric illness – including diarrhoea, sickness and stomach pains. Nathan´s symptoms were relatively mild, but Clare had to visit the resort´s doctor on three separate occasions and was put on an IV drip to rehydrate her.

On the couple´s return from Egypt, Clare´s symptoms continued and she was diagnosed with post-infective irritable bowel syndrome. The couple then sought legal advice and made a claim for a holiday illness in Egypt against the tour operator through who the holiday was booked – Freedom Travel Group.

In the claim for a holiday illness in Egypt, it was alleged that the standards of hygiene were lower than the couple had expected. The couple claimed that food was lukewarm and left uncovered for hours and that the resort´s public toilet facilities were not thoroughly cleaned.

The Freedom Travel Group denied responsibility for Clare´s holiday illness and a court date was set for a hearing to determine liability and a suitable level of compensation. However, three weeks prior to the hearing, the tour operator made an offer to settle Clare´s claim for a holiday illness in Egypt and, on the advice of her solicitor, the offer was accepted.

Speaking after her claim for a holiday illness in Egypt had been resolved, Clare told her local newspaper: “I’ve had an absolutely horrible time with my symptoms, both while I was in Egypt and since I’ve come back home. Some of the medical tests I’ve been through have been awful and my diagnosis just added insult to injury. Now a settlement has been secured I will finally be able to move on from what I went through and the impact it has had on my day-to-day life.”

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Families Seek Compensation for a Coach Accident on a Skiing Holiday

July 20, 2015

Two families from Lancashire are seeking compensation for a coach accident on a skiing holiday after being injured on their transfer to Chambéry Airport.

On 4th January 2015, the Rothwell-Bowness family from Aughton and the Hannah family from Ormskirk were among thirty-two British passengers that were injured, when a coach taking them from the ski resort of La Rosière in south-eastern France to Chambéry Airport for their flight home overturned after leaving the road.

Police in France are still investigating the cause of the accident, but eye-witnesses say that the coach swerved out of control, left the road and then overturned before coming to rest at the edge of a sheer drop. Both families believe that they and their children are lucky to be alive, and are seeking compensation for a coach accident on a skiing holiday against the tour company through who the holiday was booked.

Sarah Rothwell-Bowness (42) suffered severe cuts and a fracture to her right hand. Sarah has undergone surgery in both France and the UK, and has been told that she may never recover full use of her right arm. Sarah is scheduled to have further surgery next year to remove the pins that were inserted in her right wrist and also claims to have suffered psychological injuries due to her experience.

Katie Hannah (40) also suffered severe cuts to her right arm and is scheduled to undergo surgery later this year to remove a piece of glass that still remains in her arm. Katie told her local press: “The crash has left our entire family absolutely traumatised and I am still trying to come to terms with the awful injuries I received. The scarring is horrific and is something I will have to live with for the rest of my life.”

The two families have already instructed solicitors to pursue compensation for a coach accident on a skiing holiday, to investigate the cause of the accident and to see if more could have been done to prevent it. Sarah said: “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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Injured Holidaymaker can Claim Compensation against a Spanish Hotel in the UK

June 19, 2015

The Court of Appeal has ruled that a holidaymaker who was injured in Tenerife will be able to claim compensation against a Spanish hotel in the UK.

On 26th October 2006, Godfrey Keefe (52) from Gateshead in Tyne and Wear was sitting by the pool at the Bahia Principe Hotel in Tenerife with his family, when a nearby parasol was caught by a freak gust of wind which lifted it into the air. The parasol was blown into Godfrey´s face, with the spike of the parasol penetrating his right eye socket and entering his skull so deeply that it caused him brain damage.

Godfrey underwent emergency surgery to remove the tip of the spike and has had to undergo several brain operations since. He is now partially sighted and will require an intensive care regime for the rest of his live. The former director of a civil engineering firm has been unable to work since his accident and is unlikely ever to work again.

After seeking legal advice about how to claim compensation against a Spanish hotel, Godfrey made a claim for injury compensation against Hoteles Pinero Canarias – the owners of the Bahia Principe Hotel. In his claim, Godfrey alleged that the hotel was negligent by not securing the parasol and creating a risk of injury to hotel guests.

The hotel´s insurers said that they would be willing to accept liability, but only if the case was resolved in Spain, where the maximum settlement of compensation Godfrey would have received would have been €800,000 (approximately £570,000). By comparison, if Godfrey could claim compensation against a Spanish hotel in the UK, the likely settlement of his claim would be in excess of £5 million.

Godfrey took his case to the Court of Appeal, where this week a panel of judges ruled that, under European law, he can claim compensation against a Spanish hotel in the UK. The judges said that there were “powerful policy reasons” why Godfrey should be allowed to settle his claim for injury compensation in an English court. The case has now been adjourned for an assessment of damages.

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Judge Awards Compensation for a Poolside Accident on Holiday

June 17, 2015

A judge at the Dublin High Court has awarded a man from County Antrim more than €40,000 (£28,700) compensation for a poolside accident on holiday.

On August 29th 2012, Vincent Reid (72) from Lisburn in County Antrim was into the fourth day of a week-long package holiday at the Hotel Savoy Palace in Lake Garda, Italy, when he sat on a poolside sun lounger with the intention of reading his newspaper.

As Vincent leaned back on the sun lounger, the middle finger of his right hand got caught in lounger´s arm mechanism, and the top of the finger was sliced off. Vincent was taken to a local hospital in Lake Garda for emergency treatment, and his finger remained in a splint for twelve weeks after his return to Northern Ireland.

As the holiday had been booked through the Dublin travel company Topflight Ltd, Vincent made a claim for compensation for a poolside accident on holiday through the Injuries Board. However, liability for Vincent´s finger injury was denied by Topflight Ltd, and the claim for compensation for a poolside accident on holiday went to the High Court.

At the hearing before Mr Justice Michael Hanna, representatives of Topflight Ltd argued that Vincent´s accident was not foreseeable, and explained to the court that the arm mechanism on the poolside lounger should have been locked into place before Vincent leaned back on the sun lounger.

Judge Hanna refused to accept that the accident could not have been foreseen because the fact that the lounger was liable to collapse if the arm mechanisms were not fully engaged must have been known to the staff at the resort. The judge was told that a similar accident had occurred to another Irish guest at the resort just a few days earlier.

The judge found in Vincent´s favour after deciding that, as the organiser of the holiday, Topflight Ltd was liable under the Irish Package Holidays and Travel Trade Act of 1995. After hearing that Vincent still had ongoing pain and limited movement in his middle right-hand finger, Judge Hanna awarded him €40,796 compensation for a poolside accident on holiday.

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Woman to get UK Compensation for an Accident in Greece

April 20, 2015

A woman, who lost her right leg when she was hit by a car while on holiday in Zakynthos, has won a landmark court case to claim UK compensation for an accident in Greece.

Tiffany Moreno (29) from Barry in the Vale of Glamorgan was hit by the car in May 2011 while she stood on the kerb waiting to cross the road. Despite undergoing several operations in Greece and in the UK, Tiffany had to have her right leg amputated below the knee. She also suffered severe damage to the tendons in her left leg.

Authorities investigating the accident in Greece discovered that the driver that hit Tiffany was uninsured and, under the laws of the EU, Tiffany claimed compensation for an accident in Greece against the Motor Insurers´ Bureau (MIB) – the body that pays compensation when a negligent driver is not insured or cannot be traced after fleeing the scene of the accident.

The MIB agreed that it was liable to pay compensation under European law, but said it would settle her claim for compensation for an accident in Greece according to Greek law – rather than the level of compensation that Tiffany would be entitled to if her accident had happened in the UK. As settlements of compensation in Greece are far lower than they are in the UK, Tiffany´s solicitor contested the decision and the case was heard last week at the High Court in London.

At the High Court, Mr Justice Andrew Gilbart heard that as a result of her tragic accident, Tiffany now wears a prosthetic leg and has to use a wheelchair to get around. Tiffany also suffers significantly from the emotional trauma of both the accident and its consequences. Following a detailed analysis of the EU law, Judge Gilbard found that Tiffany was entitled to have her claim settled at rates of UK compensation for an accident in Greece.

The judge´s verdict means that Tiffany should receive a compensation settlement in six figures once all the elements of her claim are calculated. It is not yet know whether MIB will appeal the decision, as Tiffany´s claim for UK compensation for an accident in Greece sets a precedent for any future injuries inflicted by uninsured or untraceable drivers.

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Apologies Could Prevent Travel Accident Compensation Claims

April 6, 2015

According to a survey of injured holidaymakers, an apology from the tour company through which the holiday had been booked could prevent many travel accident compensation claims.

Details of the survey – which asked 650 injured holidaymakers about their experiences – were published in travelweekly.co.uk, and revealed that only 4% of holidaymakers were ever contacted by their tour company when they returned home after being injured on holiday.

Although three-quarters of those questioned said that they expected their tour operator to provide medical assistance if they were injured on holiday, many said that they would prefer courtesy to compensation when the accident has been the fault of the hotel at which they were staying or the tour operator through which the holiday was booked.

Travel accident compensation claims solicitor, Michael Walker, whose company carried out the survey, said that the majority of holidaymakers who responded to the survey believed that once they had paid for their holidays the tour operators had a duty of care to look after them while they were away.

He said: “Sadly, we found that holidaymakers’ goodwill is rarely reciprocated. Instead, individuals only discover confusion about what support they are entitled to when problems arise. Not only do people injured through no fault of their own seem to face a lack of support from their tour operator while abroad, they also have an onerous task trying to prove that they weren’t to blame”.

Michael also provided some advice for tour operators about how they can better serve their customers. He commented that many of the clients he works with express disappointment that tour operators fail to even acknowledge their injuries, and that an apology and setting things right would influence the customer´s decision about making travel accident compensation claims when they returned home.

Of course, not all accidents and injuries that occur on holiday are the fault of the tour operator but, when a customer has suffered an injury on holiday, it would reflect well on the tour operator if they were to contact the customer on their return to the UK to see how they were. In the event that the tour operator is to blame for the accident and injury, it could save them tens of thousands in travel accident compensation claims.

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Family Resolves Holiday Illness Claim for Compensation

February 25, 2015

A family of four, who all suffered with a violent stomach bug while on holiday in Mexico, has resolved its holiday illness claim for compensation against Thomas Cook.

In May 2013, Roy and Diane Blakeway from Widnes in Cheshire travelled to Mexico as part of a twenty-four strong wedding party which included their two sons Robert (30) and Ben (20).  The holiday at the Gran Caribe Real Resort and Spa in Cancun did not get off to the best of starts when Diane slipped and fell on her way into the restaurant, causing soft tissue injuries and two slipped discs.

However, just a few days before the wedding of Roy and Diane´s great-niece was to take place, all four of the Blakeway family contracted a violent stomach bug and suffered from nausea, diarrhoea and stomach cramps. The family noticed that the restaurant had been closed and hotel staff were disinfecting the corridors and rooms. Allegedly one guest had to have her room fumigated.

The Blakeway family were able to attend the wedding ceremony, but unable to partake in any of the celebrations afterwards. The bug lasted for ten days after they returned home from Mexico – at which point Roy sought legal advice and made a holiday illness claim for compensation against Thomas Cook – the travel company through which the holiday had been booked.

Thomas Cook initially contested the holiday illness claim for compensation but after court proceedings were issued the holiday company backed down and agreed to an out-of-court settlement. The details of the settlement are that each member of the family will receive £1,450, with Diane receiving a further £6,500 for her slip and fall accident.

A spokesman for the holiday company said: “Thomas Cook is very sorry that the Blakeway family fell ill and Mrs Blakeway was injured while on holiday. Thomas Cook makes strenuous efforts to ensure the quality and safety of the holidays it sells having dedicated teams who undertake audit programmes and work with hotels in the event that issues are identified”.

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Child´s Holiday Injury Claim for Compensation Heard in Court

December 16, 2013

A child´s holiday injury claim for compensation – in which a boy´s sight was damaged when he was hit in the eye by a dart – has been resolved after a hearing at the High Court in London.  

Toby Corps from Ashford in Kent was on holiday with his family at the Dar Khayam Hotel in Tunisia when, in April 2008, he took part in an activity organised by the hotel´s “animation team” which involved throwing darts at a dartboard in the gardens of the hotel.

Toby – who was only five years of age at the time – was among a group of twelve children participating in the activity; and, when he was summoned forward to take his throw, the child who had preceded him removed his darts from the dartboard and threw one at Toby.

The dart pierced Toby´s left eye and caused him to suffer a detached retina in the accident. Toby received medical attention at the hotel, but on his return to the UK had to have eye surgery to remove a cataract that had formed as a result of the accident.

After speaking with a solicitor, Toby´s father – Paul Corps – made a child´s holiday injury claim for compensation on behalf of his son against the travel companies through which the holiday had been booked – Future Travel and youtravel.com.

In the child´s holiday injury claim for compensation it was alleged that the hotel´s “animation team” had failed to instruct the children on how to play with darts safely or to inform them that darts could cause injuries, and had consequently failed in their duty of care to protect Toby from injury.

Future Travel – through whom the travel to the hotel had been arranged – contested the claim for child´s holiday injury compensation on the grounds that the travel arrangements had not been booked as a package, and therefore the company was excluded from liability under the Package Travel Regulations.

However, in front of Mr Justice Bean at the High Court in London, representatives of youtravel.com – through whom the hotel accommodation had been organised – acknowledged that the hotel´s “animation team” had failed in their duty of care towards Toby.

In order to allow for an assessment of how Toby´s eye injury might affect his future education and career opportunities, Mr Justice Bean adjourned the case. Early court reports would suggest that the settlement of Toby´s holiday injury claim for compensation could be in excess of £50,000.

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Man Awarded Compensation for a Motorcycling Accident Abroad

November 20, 2013

A motorcyclist has been awarded £6.1 million compensation for a motorcycling accident abroad after a hearing at Birmingham High Court.

Thirty-nine year old Shane Booth from Solihull in the West Midlands was a successful Sales Director for IBM who enjoyed very active leisure pursuits and, in August 2009, was on a motorcycling holiday in Germany with a friend.

As the pair were riding back to their accommodation in Baden-Baden from experiencing the thrill of the Nurburgh Ring, a tractor travelling in the opposite direction along the B500 Schwarzwaldhochstrasse turned left immediately in front of Shane, who had nowhere to go except into the side of it.

Shane suffered severe brain damage in the crash and remained in a coma in a German hospital for several weeks. When he regained consciousness, he returned to the UK and was admitted into Coventry Hospital to continue treatment for the internal injuries and multiple fractures he also suffered as a result of the collision.

Shane was then transferred to the specialist rehabilitation centre in Leamington Spa; where he endured two years of rehabilitation in order to regain his speech and learn to walk again. Despite his progress, Shane will never be able to work again or pursue many of his favourite activities.

Shane claimed compensation for a motorcycling accident abroad from the driver of the tractor, who had subsequently been convicted of causing bodily injury by negligence. With liability not in doubt, the only issue that had to be resolved was to ensure that Shane received an adequate settlement of compensation for his motorcycling accident abroad.

Ultimately, a settlement of £6.1 million was negotiated to account for Shane´s injuries, his ongoing medical costs and his future loss of earnings. The settlement was approved at the Birmingham High Court, after which Shane said “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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