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Slip and Fall In Foreign Hotel

Can I make a UK claim for compensation for a slip and fall in foreign hotel? I slipped and fell on a wet floor in the lobby of the hotel as I arrived. I broke my ankle and my holiday was ruined.

Question:

Can I make a UK claim for compensation for a slip and fall in foreign hotel? I slipped and fell on a wet floor in the lobby of the hotel as I arrived. I broke my ankle and my holiday was ruined.

Answer:

It may be possible for you to claim compensation for a slip and fall in foreign hotel, and to do so in the UK using a personal injury solicitor. However this will only be possible if your holiday was booked as a package deal through a tour operator or travel agent. If you independently booked your accommodation and flights, you will not be able to claim compensation for slip and fall in foreign hotel in the UK, and would need to make a claim through the legal system of the country in which the accident occurred. Whether you would qualify for slip and fall compensation would depend on that country’s laws, which are likely to be considerably different to UK claims law.

In 1992, the Package Travel, Package Holidays and Package Tour Regulations were introduced to make the process of claiming personal injury compensation for accidents abroad more straightforward, and places a duty of care on tour operators to ensure that accommodation is of a high standard. However, whether you are eligible to claim for slip and fall in foreign hotel in the UK will depend on the type of holiday you booked and the country in which the accident occurred.

This legislation only covers EU member states, and your holiday must qualify as an officially recognised package deal. This means that the package you booked must have included transport to your holiday destination and accommodation, and you must have paid a single price to the booking agent. It may be possible to make a claim for a package deal if transportation was not included, provided that an event, excursion, tour or trip was also organised in addition to your accommodation.

Many foreign hotels use marble for flooring, which can be particularly hazardous when wet. If the floor had been recently cleaned and not dried properly, a slip and fall would be more likely to occur. When holidaymakers arrive at a hotel after a tiring journey, they would not be expected to check that the flooring is safe and dry. Leaks from pipes or spillages may constitute negligence on the part of the hotel, and the tour operator may well be liable for any slip and fall in foreign hotel compensation necessitated by the accident.

Claims for a slip and fall in foreign hotel can be highly complicated even under this EU legislation, and you will need to prove that the tour operator is liable for your injuries. Tour operators are obliged to ensure that the accommodation they use as part of their packages is of a high standard. Health and safety standards in overseas hotels may not be to the same levels as in the UK; however tour operators must ensure that the accommodation is safe to use. They are obliged to inspect the accommodation regularly to make sure safety standards have not lapsed and, if it can be demonstrated that the tour operator failed to do so, or that health and safety errors were made by the hotel, you should be able to claim slip and fall in foreign hotel compensation.