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Hotel Accident Compensation

Accident in hotels are often the responsibility of the management of the hotel, which has the responsibility for the safety of hotel guests. You are entitled to compensation for hotel accidents if you have suffered a physical injury on the premises of a hotel that was not your fault. There are many types of hotel accidents, and the management has a duty of care towards guests that includes ensuring that floors are not wet to prevent guests slipping, to ensure any food served is healthy and does not cause food poisoning, and any equipment provided is in perfect working order.

Man Due Compensation for Falling from a Guest House Balcony

September 27, 2016

A man who was seriously injured while on honeymoon is waiting to hear how much injury compensation for falling from a guest house balcony he is entitled to.

On 21st September 2015, Matt and Marilyn Bullivant arrived at the Chellowdene guest house in Falmouth, Cornwall, for the start of a week-long honeymoon. After checking into in their room, Matt (36) put the kettle and, while waiting for it to boil, stepped out onto the guest house balcony. Unfortunately, as Matt rested against a balustrade, it gave way under his weight and the newlywed from Peterborough fell fifteen feet to the ground below.

Matt was taken to hospital, where he was treated for serious head and back injuries and a shattered right hand. He spent most of his honeymoon in hospital recovering from his injuries and was unable to return to his job as a warehouseman for three and a half months. A year after the accident, Matt still suffers severe pain from the metal plate in his right hand and has lost sensation in the top half of his back.

An investigation into the cause of Matt´s accident found that the balcony had been inadequately maintained. The guest house owners – Troy and Julie McCann – were prosecuted by Cornwall Council´s Public Protection Department for breaches of the Health and Safety at Work Act and last week pleaded guilty to the charges at Truro Magistrates´ Court. Both owners were fined £4,000 and ordered to pay £3,037 costs.

Matt has already taken steps to recover injury compensation for falling from a guest house balcony and has been waiting for the health and safety prosecution to conclude before moving ahead with his claim. He told his local newspaper: “I was angry with them to start with – they should’ve maintained the property. If it was my wife or kids out on the balcony they could’ve died.”

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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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Claim for being Scalded in Hotel Shower made against Whitbread

November 12, 2015

The family of a tourist from Bangalore, who died from multiple organ failure, has made a claim for being scalded in a hotel shower against Whitbread PLC.

In August 2012, Kalyani Uthaman (59) was a guest at the Premier Inn in Newcraighall while she was sightseeing around Edinburgh. While staying at the hotel, she suffered burns to 25% of her body due to being scalded in the hotel shower. Kalyani died six weeks later due to multiple organ failure.

Despite doctors attributing Kalyani´s death to the degree of burns she sustained in the hotel shower, and separate investigations into the accident being conducted by Edinburgh City Council and Police Scotland, the Crown Office decided not to hold a fatal accident enquiry.

Frustrated by the pace at which information was being released to them, and the fact that they still had unanswered questions, the Uthaman family have now made a claim for being scalded in a hotel shower against Whitbread PLC – the owners of the Premium Inn budget hotel chain.

The Court of Session in Edinburgh has issued a summons against Whitbread PLC and scheduled the first hearing of the claim for being scalded in a hotel shower for November 20th – a “significant milestone” according to the family´s solicitor.

Subsequent to the issuing of the summons, a spokesperson for Premier Inn said: “This is a very sad incident. 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 sympathy within the statement was dismissed by the family for being the first communication from Premier Inn regarding the tragic accident 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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Family Recover Compensation for Food Poisoning while on Holiday

September 25, 2015

A family of four from Castleford in West Yorkshire has recovered compensation for food poisoning while on holiday in the Turkish resort of Bodrum.

In August 2012, Mark and Debra Pryor took their two children on what was supposed to be an exciting two-week holiday at the Hotel Esra in the Turkish resort of Bodrum. Unfortunately both Mark and Debra suffered symptoms of a severe gastric illness during the first week of their holiday, meaning that many of the excursions that had been planned for the second week had to be cancelled.

Instead of enjoying some of the excellent sites within easy reach of the Bodrum peninsula, Mark and Debra spent much of the second week of their holiday visiting the hotel´s medical centre, where they were placed on intravenous drips because of dehydration. Mark´s symptoms persisted after the family returned home to Castleford, and he did not make a full recovery until the end of September.

After seeking legal advice, Mark and Debra claimed compensation for food poisoning while on holiday from the travel agent through whom the holiday had been booked – Thomas Cook. The couple alleged in their claim that food had been left uncovered throughout the day, that old food was reheated and served as fresh the following day, and that the crockery and cutlery appeared to be washed without the use of detergent.

Thomas Cook disputed the claim for compensation for food poisoning while on holiday, but after the company was threatened with court action, a four-figure settlement of the claim was negotiated without an admission of liability. Speaking after the settlement of compensation for food poisoning while on holiday had been agreed, Debra said:

“Holidays are supposed to be relaxing and enjoyable, but the time we spent at this hotel was absolutely awful. Both Mark and I suffered significant symptoms and the children were extremely frightened to see both of us on IV drips in a foreign country”.

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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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Court Upholds Claim for Injury due to Walking into Glass Door

November 7, 2013

A woman, who suffered lacerations all over her body in a holiday accident, has had her claim for an injury due to walking into a glass door upheld at the Appeals Court in London.

Moira Japp (53) from Worthing in West Sussex was relaxing on her terrace at the Crystal Cove Hotel in Barbados in September 2008, when she heard the telephone ring in her hotel room.

Getting up to answer the phone, Moira mistakenly walked into the glass terrace window which she had shut to keep the temperature down in her room. The glass in the window shattered, and Moira suffered multiple lacerations across her body.

After returning to the UK, Moira made a compensation claim for an injury due to walking into a glass door against the holiday company through whom she had booked the holiday – Virgin Holidays – on the grounds that they had failed in their responsibility to ensure that the hotel was “reasonably safe”.

Virgin Holidays contested the claim; stating that UK residents should not expect domestic standards of health and safety when they travel abroad; however a judge at Brighton County Court found Virgin Holidays 80 percent liable for Moira´s injuries and awarded her £19,800 in compensation.

Virgin Holidays appealed the verdict but, at the Appeal Court in London, Lord Justice Richards dismissed the appeal – commenting that the glass that had been fitted in Moira´s hotel terrace window failed to comply with local safety standards and Moira had been fully justified in making her claim for an injury due to walking into a glass door.

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Guests Compensated for Food Poisoning at Wedding Reception

October 18, 2013

A newly-wed bride and groom – and twenty-eight of their guests – have been compensated for food poisoning at their wedding reception after the venue admitted two charges of poor food hygiene practise.

Alex and Nicola Hamill from Luton in Bedfordshire were married at the Letchworth Hall Hotel in Hertfordshire in September 2011 and, together with 118 of their guests, sat down after the ceremony to enjoy a carefully planned wedding reception.

However, soon after they left the reception for their honeymoon in Las Vegas, Alex (33) was taken ill on the plane with nausea and ­diarrhoea. Nicola (31) was taken ill two days later at the Bellagio Hotel in Las Vegas, and the couple spent the first five days of their honeymoon crippled with what hospital tests later revealed to be campylobacter bacteria food poisoning.

On their return to the UK, Alex and Nicola discovered that twenty-eight of their guests had also suffered from food poisoning after the wedding reception, and the source of the infection was identified as the chicken liver pate which had been served as a starter at the reception, and which Nicola had complained about at the time.

Hertfordshire environmental health officers investigated the significant number of food poisoning cases and discovered that the chef at Letchworth Hall Hotel had cooked the chicken livers for the pate at 60ºC – breaching Food Standards Agency guidance which recommends heating the livers to 75ºC to prevent the possibility of campylobacter bacteria food poisoning.

The Letchworth Hall Hotel was prosecuted by Hertfordshire County Council and was fined £12,000 by magistrates after pleading guilty to two charges of poor food hygiene practise.

The couple and their affected guests each made a claim for food poisoning at the wedding reception to recover compensation for the injuries they received and loss of earnings. Alex and Nicola received £31,190 which also included the cost of their ruined honeymoon, while other settlements of food poisoning injury compensation for their guests ranged between £875 and £16,095.

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Woman Awarded Compensation for a Slip on an Air-Con Leak

March 1, 2013

A woman who slipped on water which had leaked from an air-conditioning unit while she was on holiday in Tenerife has been awarded £37,000 injury compensation for a slip on an air-con leak.

Sylvia McNicholl (49) from Coatbridge, North Lanarkshire, was on the first night of a family holiday at the Fanabe Costa Sur Hotel in Tenerife when her accident occurred in May 2008.

As she got up in the middle of the night to help her three-year-old son who wanted to go to the toilet, Sylvia slipped on water which had leaked from an air conditioning unit and fell, hitting her head on the door of a cupboard.

Sylvia was knocked unconscious by her slip on the water and needed stitches to close the head wound. However, the effects of her accident were not temporary and she still suffers from headaches and dizziness as well as losing some of her senses of taste and smell.

On her return to the UK, Sylvia sought legal advice, and found that she could make a claim for compensation for a slip on an air-con leak as the hotel did not have proper records regarding the maintenance of the air conditioning system as required under Spanish law.

The holiday company through who Sylvia booked the holiday – Thomas Cook – acknowledged their liability for her injury and the two parties agreed a settlement of £37,000 in compensation for a slip on an air-con leak to account for Sylvia´s pain and suffering at the time of the accident, the cost of the ruined holiday and a contribution towards her loss of earnings and ongoing care needs.

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Tourist to Receive Holiday Sun Lounger Injury Compensation

May 7, 2012

An Irish tourist, who sustained head and neck injuries when a poolside lounger collapsed while she was sitting on it, has been awarded 38,000 Euros in holiday sun lounger injury compensation by a court in Dublin.

The Dublin Circuit Civil Court heard how Mary Lee (74) from Navan, County Meath, was enjoying a week´s break with her husband at the Hotel Galeazzi in Brescia, Italy, when the sun lounger on which she was reclining collapsed, causing Mary to fall to the floor and hit her head on the concrete poolside.

As she sat up, Mary felt disorientated and dizzy, and was immediately taken to the local hospital in Brescia where she was diagnosed with severe soft tissue injuries to her head, neck and spine. Mary was prescribed painkillers at the hospital, but continued to suffer from the pain of her injury and was bedbound for the remainder of her holiday.

On her return to Navan, Mary visited her local GP and was prescribed stronger painkillers. Unfortunately the pains continued in Mary´s neck and shoulders and she was unable to pursue a normal life. After taking legal advice, Mary made a claim for holiday sun lounger injury against the travel agents through which she had booked her holiday – The Travel Department of Fitzwilliam Square, Dublin.

The Travel Department denied liability for the injuries Mary had suffered and sought to have the owners of the hotel brought into proceedings as third party defendants. However, at the Circuit Civil Court Judge Jacqueline Linnane found in Mary´s favour and awarded her 38,000 Euros in holiday sun lounger injury compensation.

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Bedbug Bite Sisters Awarded 3,200 Pounds

August 24, 2011

Two sisters, whose trip 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 (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 problem 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 advice, 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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Woman Compensated after Horror Holiday Accident

August 18, 2011

A holidaymaker, who broke her leg and suffered head injuries when falling down a pool maintenance shaft while on holiday in Turkey, has been compensated by the holiday firm through who she booked her vacation.

Michelle Dragon (49) from Southend, Essex, had been holidaying with friends in the resort town of Marmaris in 2006, and was returning to her room at the Club Sarba Hotel when the accident happened. A shaft which was used for storage and pool maintenance had been left uncovered by hotel workers and Michelle – not noticing that the grill had been removed – fell down into the shaft, knocking herself unconscious and breaking her right leg.

As a result of her injuries Michelle spent ten days in a Turkish Hospital, during which time she underwent two operations in order to attach metal plates to her broken leg in order for her to travel home. On her return to the UK, Michelle underwent eight months of rehabilitation – having to learn how to walk again with a metal brace attached.

In 2008, Michelle was able to return to work – although only for 25 hours per week – but, in 2009, she had to undergo a further operation to take a bone graft from her hip to fuse her damaged ankle. At the time Michelle´s doctors feared that she may lose her leg, but Michelle recovered sufficiently to walk with the assistance of crutches.

After taking legal advice, Michelle sued the travel company through which she had booked the holiday – Goldtrail Holidays – and although they had gone out of business last year, a settlement was reached with their insurers for an undisclosed six-figure sum.

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138 Tourists to be Compensated for “Holiday From Hell”

March 2, 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 compensation from Thomson’ s Holidays after a four-year battle for justice.

The 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 appalling standards at the hotel – with many suffering typical symptoms of food poisoning such as stomach cramps, sickness and diarrhoea. Complaints to the hotel management 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 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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12 Year Old Girl Receives Compensation for Holiday Injury

October 13, 2010

A health and safety investigation has led to a 12 year-old Bristol girl receiving 5,000 pounds compensation, after she slipped 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, had failed to 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 contain 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 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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