Compensation for Holiday Injury
Posted on December 4th 2014
Oliver & Co have successfully pursued a claim for a client who sustained soft tissue injuries to her lower back following an accident which occurred when she was on holiday in Tunisia.
Our client was on holiday with her children when she slipped on wet exterior steps at her hotel. Following the accident, our client discovered that the steps were wet because they had been mopped, but no wet floor sign had been put out as a warning. As the steps were marble and it was bright sunlight they were shining in any event and it was not possible to see that they were wet.
Our client was in considerable pain following her accident and her enjoyment of her holiday was reduced as result.
The injuries our client sustained to her back took several months to fully recover.
As our client had booked a package holiday, with flights and accommodation booked together from the same company, we were able to pursue the British tour operator in the English court system under the provisions of the Package Travel, Package Holidays and Package Tours Regulations 1992. These are commonly known as the “Package Tour Regulations”.
Using these regulations meant that it was not necessary for our client to bring a claim against the Tunisian Hotel, to use the Tunisian legal system or to have to engage Tunisian lawyers.
The tour company’s solicitors initially disputed liability for our client’s claim. Although the Package Holiday Regulations allow a claim to be brought in this country, our courts still have to consider what health and safety standards are in the country where the accident occurred.
The tour company’s solicitors alleged that the local Tunisian standards would not have required a wet floor sign to have been put out when stairs were being mopped.
We engaged the services of a Tunisian Law and Health & Safety Consultant who was able to provide a report confirming that Tunisian Health & Safety Standards did require a wet floor sign.
Once this report was provided to the tour company’s solicitors we were able to negotiate a settlement of the claim.
We recovered £3,000 compensation for our client’s injury.
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