Mrs B was helping her young son learn to swim in the shallow end of their hotel’s swimming pool early one morning, when she stepped on a piece of broken glass, sustaining a deep laceration in her foot.
It later emerged that a guest had smashed a glass next to the pool the previous evening, and several large shards had flown into the pool. Though staff had cleared up the broken glass alongside the pool, they had not thought to check the bottom of the pool.
Mrs B required 4 stitches in her wound, and was unable to take part in any further activities during the holiday. She was unable to walk without assistance, and as there was no other adult on holiday with them, she had difficulty taking care of her child for the remainder of their stay.
Our Legal Advice
On her return to the UK, Mrs B decided to engage Bartletts Solicitors, as she had read on our website that it was possible to claim compensation from a UK tour operator for injuries at an overseas resort (as long as the holiday was booked as a package deal).
We got in touch with Mrs B’s UK tour operator, stating that the hotel’s staff had been negligent in failing to identify the broken glass at the bottom of the swimming pool. It was reasonable to expect that they would have done so, given the number of holidaymakers using the pool on a daily basis. After further correspondence, the tour operator accepted liability for the negligence of their overseas representatives, i.e. the hotel’s staff, and Mrs B received £3,000 in compensation for her injury.
If an overseas trip was part of a package holiday booked with a UK tour operator then it will often be possible to make a compensation claim for a holiday accident under British law, as per the Package Travel, Package Holidays and Package Tour Regulations 1992. To qualify any two of three elements must have been booked with the same UK holiday company:
A) Hotel / Accommodation
B) Flights / Travel
C) Car Hire / Airport Transfer / Excursions
Case Study: Collapsing Chair Accident at Foreign Hotel
Mr & Mrs R were enjoying a package holiday in Malta, and were dining in the hotel’s restaurant one evening. Mrs R was returning from the toilet, and as she sat down, her chair collapsed under her, causing her to fall heavily on her back. She was in severe pain, and was helped to her room by her husband, before a doctor was summoned by hotel staff.
Mrs R had partially torn several muscles in her lower back, and was rendered temporarily immobile by her injury. She remained in bed for 3 days, and the couple’s holiday was effectively ruined by the accident. Mr R reported the incident to their tour operator’s representative, and decided to seek legal advice when they returned to the UK.
Mr R contacted Bartletts Solicitors having read on our website that we specialise in accidents at foreign hotels. We advised him that his wife could pursue a compensation claim against their UK package tour operator, who is ultimately responsible for the health and safety of its holidaymakers while staying at overseas resorts.
We wrote to the tour operator, pointing out that the restaurant chair must have been in a defective state for it to collapse under Mrs R’s weight. The hotel was therefore negligent in failing to ensure that their premises were safe for guests to use. On admission of liability, Mrs R received £2,500 for her injuries and the loss of enjoyment of the couple’s holiday.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
