Background of the Incident
We recently settled a personal injury claim for Mr M, a 36-year-old man from Nottingham, who sustained a leg injury while on holiday.
Mr M had booked an all-inclusive holiday at a resort in Jamaica through the travel company TUI. During his stay, he tripped on uneven wooden decking at the bottom of a set of steps within the hotel complex and fell to the ground.
Immediate Response and Medical Treatment
Mr M was proactive in documenting the accident, taking photographs of the hazardous decking and reporting the incident to both the hotel and the TUI holiday representative.
Initially treated by a nurse at the resort, he later visited a local medical centre where an X-ray confirmed a fracture to his right foot. Upon returning to the UK, he continued treatment at his local NHS hospital.
Legal Basis for the Claim
Although TUI was not directly responsible for the hotel’s infrastructure, the claim was brought under the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations hold tour operators accountable for the performance of services included in a package holiday if injury or illness results from a lack of reasonable care or failure to meet local safety standards.
This legal framework made it more practical to pursue a claim against TUI in the UK rather than against the hotel under Jamaican law.
Claim Investigation and Medical Evidence
TUI’s legal representatives initially denied liability. To support the claim, we obtained a medical report from a Consultant Orthopaedic Surgeon, who recommended a follow-up X-ray. The updated imaging and radiologist’s report were reviewed in an addendum medical report, providing a detailed prognosis of Mr M’s injury.
Settlement and Outcome
Before court proceedings began, we submitted the medical evidence and details of Mr M’s out-of-pocket expenses (known as Special Damages) to TUI’s representatives. This led to an offer to settle the claim without going to court.
Following negotiations, we secured a settlement of £5,500, which Mr M was very pleased with.
Have You Been Injured Abroad? Let Us Help
If you’ve suffered an injury while on holiday and believe it was due to negligence or unsafe conditions, you may be entitled to compensation under the Package Holiday Regulations.
Our experienced legal team can guide you through the process and help you secure the settlement you deserve – just like Mr M. Contact us today on 01244 312306, email us at law@oliverandco.co.uk or complete the form on our Contact Us page and we’ll get in touch. Let us take care of the legal side, so you can focus on recovery.
