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Holiday Accidents and Illnesses

If you or a member of your family has had an accident on holiday and are suffering from a personal injury or illness, our specialist lawyers may be able to help you claim holiday accident compensation.  Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.

Holiday Accidents and Illnesses Abroad
Common Holiday Accidents
What is Considered a 'Package Holiday'?
Accidents on Holiday in the UK
We Provide Expert Legal Advice for Holiday Accident Claims
Successful Holiday Injury Compensation Claims
How to Make a Claim if you have had a Holiday Accident
Time Limitations for Holiday Accident Claims
Holiday Accident Compensation

How Much Compensation am I Likely to Receive?
Tips for a Safe Holiday

Holiday Accidents and Illnesses Abroad

Although each country is subject to its own laws, you may still be able to make a claim for any injury or illness sustained whilst abroad if your holiday accident was the fault of a UK company. For example, if you are on a package holiday and your operator has sent you to a hotel with sub-standard or defective facilities and you are injured as a result. This is because package tour operators have to abide by the Package Travel, Package Holidays and Package Tour Regulations 1992.

The same would apply to any illness or infection that you have suffered whilst abroad on holiday, so long as it was caused in some way by the negligence of the travel company, such as food poisoning due to an improperly prepared meal served in your hotel.

We may also be able to offer some advice and assistance to you if you have been injured as the result of a road accident in another country, where you have been injured during international travel such as by sea or air, or if you suffered an accident in a public place.

Of course, prevention is better than cure, so there are some measures that you can take yourself to help prevent any unnecessary holiday accidents.  It is a good idea to be prepared before travel and the Foreign & Commonwealth Office website offers some helpful advice and information, so that you can be as safe as possible.

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Common Holiday Accidents

Below are some types of accident / illness that occur most frequently amongst holidaymakers, including:

• Accidents in the Water - for example whilst swimming, taking part in watersports and scuba diving.
• Road Accidents - often involving drivers unfamiliar with foreign roads and signs.
• Outdoor Pursuits / Sporting Accidents - during activities such as skiing, mountain climbing and hiking.
• Sunstroke - due to excessive sun exposure.
• Food Poisoning - either from poorly prepared or cooked food, or from contaminated drinking water.
• Foot Injuries - often sustained by people walking barefoot on beaches and walkways.
• Accidents on board a plane that is taking you to or from your destination, or even in the airport lounge during the transit itself.
• Accidents on board a ferry or cruise liner
  

Many of these holiday accidents can be prevented with careful planning and safety precautions.  See our section below on tips for a safe holiday for advice.

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What is Considered a 'Package Holiday'?

A package holiday is a pre-arranged trip including at least two of the following elements at an inclusive price:

• Transport
• Accommodation
• Other, non-essential tourist services that make up a significant portion of the package (for example guided tours and excursions).

The service must cover a period of more than 24 hours and include an overnight stay.

Importantly, the definition of a package holiday excludes contracts that are entered into with certain agents for the service providers and so many holidays booked over the internet will fall outside the definition of a package holiday. If in doubt, it is important to check with the company that you are using to book the holiday before you finalise the booking.

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Accidents on Holiday in the UK

Not all accidents on holiday will occur in other countries.  You may have an accident or become ill whilst on a holiday in the UK.  If you suffer a personal injury and someone else is to blame (for example a hotel, holiday park, activity centre, local authority or another driver in a road accident), you may be entitled to claim compensation.

It is a good idea to ensure that you collect as much information as possible at the time if you are involved in an accident, as you may be some distance from home, making it difficult to return to take photographs or witness information at a later date.  Where possible, you should also ensure that the details of the incident are recorded in an accident book.

Personal injury claims for accidents occurring on holiday in the UK can be dealt with in the normal way through the UK courts.

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We Provide Expert Legal Advice for Holiday Accident Claims

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of holiday accidents and illnesses. They can provide specialist claim advice, assistance and guidance in helping you to pursue your compensation claim to the best possible outcome.

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Successful Holiday Injury Compensation Claims

See below some examples of successful holiday accident claims handled by our solicitors:

• Following a serious illness, in 2005 our client and her husband decided to take a holiday to celebrate her recovery. Only a few days into the holiday, which was a package in the Caribbean, our client fell down some stairs that had been left wet after cleaning. As a result of this holiday accident, our client injured her back.

  Unable to travel, the couple had to remain at the resort for several days past their due departure date, at considerable expense. Due to the pain and restricted movement resulting from this holiday injury, our client was unable to enjoy the remainder of the holiday or indeed any of the forced extension. In addition, the couple were naturally anxious about the extended absence from their children, who had been staying with relatives.

  The stairs were marble and became dangerously slippery when wet. The usual mobile sign to warn that the surface was still wet had not been put in place, and it was difficult to see that they were wet due to the shiny natural state of the marble effect floor tiles. Neither were there any handrails in place, which might have prevented our client from falling.

  On her return to the U.K after her accident abroad, she was unable to return to work for a further 3 weeks. She had suffered a significant injury to her hip and although there has been some improvement, her recovery is still incomplete. Even when able to return to work after the accident on holiday, she had to accept lighter duties for several more weeks to avoid standing.

  Although the fault for the holiday injury lay with the cleaning contractors, who had failed to implement the signage practice accepted throughout this region, the defendant was liable as the provider of the services comprising all of the package holiday. The package holiday regulations (Package Travel, Package Holidays and Package Tours Regulations 1992) include an implied term that the facilities and services forming part of the accommodation at the hotel provided as part of the package holiday would be provided with reasonable care and skill.

  An initial offer was made concerning this holiday accident claim, but was unacceptable. The other side’s insurers refused to negotiate so we had no alternative but to commence court proceedings. However, a settlement in this injury claim was agreed before the trial date and although our client accepted a small percentage of the liability, our personal injury lawyers were able to negotiate a settlement of £4,250 for our client in holiday accident compensation.

• At the time of his accident, our client was staying in a holiday cottage in Cornwall. Whilst walking down a set of internal stairs he lost his footing and fell, as there was no lighting in the stairway and no rail to hold on to.

  Our client suffered an injury to his left ring finger and a badly ruptured muscle near to his knee as a result of this holiday accident. He required an operation to repair the damage, had to wear a full leg cast and later underwent physiotherapy treatment. During his recovery he needed help with most of his daily activities and could not drive. He also had to have some time off from work.

  Our specialist personal injury lawyers were able to recover £10,000 compensation on his behalf, in respect of his personal injury and related losses, which included transport costs, care costs and the cost of the ruined holiday.

Visit our success stories section and news section for more information on successful holiday accident claims, including:

• The Legal Line’s Solicitors win compensation for accident on holiday - Our lawyers were able to recover £28,000 in damages for a firefighter whose back was badly injured by a defective bed in his Spanish hotel room.  This case was also reported in an article in the Times Online.
• £42,500 Damages for Victim of Skiing Accident Caused by Negligence - A case where our lawyers acted on behalf of a teacher on a school package trip who suffered severe leg injuries.
• Centre Parcs Pays Up - A 12 year old girl was awarded compensation when tea served to her in an unsuitable cup scalded her hand.
• £42,500 Damages for Victim of Skiing Accident Caused by Negligence - A teacher injured by poorly fitted skis on a school trip receives compensation.
• Successful Compensation Claim for Accident Abroad - A young woman injured in a slipping accident at her hotel is awarded damages.
• Successful Compensation Claim for Road Accident Abroad - We assisted a passenger involved in a road accident in Spain with a personal injury claim for damages.

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How to Make a Claim if you have had a Holiday Accident

If you are unlucky enough to suffer an illness or injury when you should be enjoying a relaxing holiday, there is a chance that you are entitled to claim personal injury compensation.

Report the Incident

Where possible, you should also try to ensure that details are recorded in any available accident book and reported to your travel representative.

If appropriate, also report the accident to the hotel and ask that they keep a written record of the event and provide you with a copy of the same.

Keep a Record

It is important to record as much detail as possible. This could include witness information and photographs.

Seek medical assistance as a matter of urgency.   In certain countries, it is a requirement that you seek medical assistance within a very short period of time after the accident in order to maintain your right to pursue a claim for damages. As such, if you have suffered injuries as a result of an accident that occurred in a foreign country, you should seek medical attention as soon as you realise that you have been injured to prevent any suggestion that the injuries could have been suffered in a different location.

Obtain Specialist Advice

As with any personal injury claim, the advice and assistance of a specialist is invaluable.  They can collate all of the relevant information, provide guidance and negotiate a suitable settlement with the third party insurers.

In every case, medical evidence will be required, and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Time Limitations for Holiday Accident Claims

Generally a personal injury claim made through the UK courts for an accident on holiday in the UK or abroad, that was the fault of a UK company, has to be made within three years of the accident date, as with most other personal injury claims.  There are exceptions to this however:

• Injuries on an Aircraft - There are International Conventions that cover International travel by air that apply in certain circumstances. If the International Conventions apply, then the time limit for making a claim is 2 years from the date of the accident.
• Injuries on a Boat / Ship - There are also International Conventions that cover International travel by sea that can apply in some circumstances. The time limit for making a claim is 2 years from the date of the accident if the Conventions apply.
• Injuries on a Train - Equally, there is an International Convention that covers International travel by train that can sometimes apply. If this Convention applies to your claim, the time limit is 3 years from the day after the rail accident, or in fatal accident cases 3 years from the date of death or 5 years from the day following the accident, whichever is the earlier.

There are certain circumstances in Package Travel claims where it will be desirable to join the hotelier, or other service provider to the proceedings in England and Wales in order to increase the prospects of success in your claim. In relation to those foreign service providers, the time limit that will apply to the claim is the one that would have applied against the service provider if you had brought the claim in their own country.

The important thing to recognise in all circumstances is that these time limits can be extremely short in some countries and so you should take specialist legal advice as a matter of urgency if you are unfortunate enough to suffer an accident abroad.

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Holiday Accident Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and related to the pain and suffering you may have gone through and any inability to do things after the accident that you used to be able to do before, eg, making meals, shopping, DIY, taking children to school etc. The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.

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How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

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Tips for a Safe Holiday

In order to have a safe, injury free holiday, there are some simple precautions that you can take as follows:

• Swim safely.  Check the depth of swimming pools, be mindful of the current in the sea or rivers and never drink alcohol before swimming.  Also be aware of sea creatures, avoid swimming after eating and check the cleanliness of water before entering.
• Be aware when using roads.  In other countries traffic may be approaching from the opposite direction than you are used to and road signs may be different.  Safety standards of rental vehicles and the roads themselves may also differ from those at home.
• If you plan to take part in any sports or outdoor activities, be sure that you have insurance cover, take adequate instruction and wear the correct safety gear.
• Have any relevant immunisations, boosters or medications (such as malaria tablets) before you leave.
• Check the safety of your accommodation when you arrive, make a note of emergency exits and any first aid arrangements.
• If you are travelling round mountainous or unfamiliar areas, be sure to research any hazards or weather warnings, take plenty of supplies and carry maps at all times.
• Be aware of your surroundings.  Whilst on holiday many people are relaxed, off guard and behaving differently than they would at home.  This can make them vulnerable so it is important to stay alert and safety conscious.

Just in case the worst does happen, it is important that you are covered by a valid travel insurance policy, so ensure that you arrange cover before you travel. 

If you are visiting a country within the EU, you should also apply for a European Health Insurance (EHIC) card.  These can be obtained via the Post Office or internet and help cover emergency medical costs.

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