Legal News

Holidaymakers who book package holidays and suffer injuries as a result of the negligence of another party are protected under the Package Travel Regulations 1992 – and can usually claim compensation for their holiday injuries.

If you have booked a package holiday, your travel agent will issue an ATOL certificate at the time of booking – or you will be asked to download an ATOL certificate and print it out if you book a package holiday online.

Package tour operators have a legal duty to make sure accommodation is safe and complies with UK health and safety standards.

Building standards at hotels abroad can be very different and vary between countries – balcony guard rails may be lower or non existent, and glass in patio doors or windows may be more fragile than in the UK.

Your tour operator must assess any potential risks and address these, including making sure holiday accommodation is safe, well maintained and signage is in place to warn of any potential risks, such as floors which have been cleaned and are still wet and slippery, or glass in doors which may be difficult to see when the sun is shining.

However, every year hundreds of holidaymakers sustain injuries on holiday as a result of preventable holiday accidents.

Common holiday accidents which may be eligible for compensation include:

• Balcony falls (unguarded balconies or broken railings)
• Burns and scalds (hot water spills, dangerous water heaters)
• Carbon monoxide poisoning (badly maintained cookers or heaters)
• Electric shock injuries (poorly maintained wiring or kitchen equipment)
• Glass injuries (shattering glass in patio doors)
• Road traffic accidents (coaches, hire cars, excursions and transfers)
• Slips, trips and falls (broken stairs or steps and slippery floors)
• Sports injuries (poor coaching, lack of safety equipment)
• Swimming pool accidents (poorly maintained diving boards, cuts from broken tiling).

As well as the Package Travel Regulations 1992, there are two other pieces of legislation which can be used to make a no win no fee compensation claim for holiday accidents and injuries:

• The Athens Convention 1974 – covers accidents at sea
(eg falls on a slippery deck where there was no signage in place)
• The Montreal Convention 1999 – cover accidents in aircraft
(eg head, spine or whiplash injury from luggage falling from an overhead locker).

Because making a claim for package holiday accidents and injuries can be complex, it is advisable to contact the Duncan Lewis holiday accidents claims team on 020 7923 4020 as soon as possible.

What to do if you are injured in a holiday accident

If you are injured in a package holiday accident and wish to claim compensation from your tour operator, it is essential to collect as much evidence as you can about the circumstances of your accident and what happened.

To avoid being injured, report any instances of poor maintenance at your accommodation as soon as you spot it – or if you go on an excursion or a sports activity and are concerned about lack of training or safety equipment, report this and preferably do not take part.

However, if you do suffer injury on holiday as a result of someone else’s negligence:

• Advise your holiday representative in resort as soon as you can if you are injured – if you are hospitalised, ask a friend or family member to do this. Keep any correspondence you have with your holiday rep or tour operator about your accident.

• Write a statement as soon as you can about what happened and email it to yourself so there is a record of the date it was written

• Collect any evidence about what caused your accident, such as photos and video of poor maintenance of your hotel or accommodation (broken steps, unguarded balconies or staircases)

• Keep receipts for medical treatment, any medical records from a doctor or hospital in resort, copies of prescriptions and receipts for out-of-pocket expenses such as taxi fares to a medical centre or hospital

• Ask other holidaymakers if they have seen evidence of poor maintenance, poorly supervised excursions, lack of signage warning of potential hazards – and find out if possible if any other holidaymakers have been injured. Take contact details of other holidaymakers who can help back up your claim

• When you return home, see your GP and/or ask to be referred to a specialist if you need further medical treatment.

If you receive a call from the tour operator when you return home, be cautious about what you say. Tour operators will try and limit a compensation claim as soon as possible – and whereas you may think you are speaking to a member of the customer services team who has phoned out of kindness to find out how you are, the person on the other end of the phone may well be the tour operator’s own claims defence lawyer.

If you or a loved one suffers serious injuries as a result of injuries sustained in a holiday accident, contact the Duncan Lewis Solicitors Holiday Accidents & Injuries team on 020 7923 4020 for immediate advice on making a no win no fee claim.

Duncan Lewis has a successful track record in winning maximum compensation for holidaymakers injured as a result of negligence on a package holiday – and Duncan Lewis personal injury solicitors can arrange for expert medical opinions to back up your compensation claim, as well as advising on adaptations to your home or rehabilitation if you suffer serious or life changing injuries in a holiday accident.

Fatal Injuries Claims for Holiday Accidents

Duncan Lewis Solicitors can also advise families whose loved one has tragically died in a holiday accident as a result of negligence on how to make a no win no fee Fatal Injuries Claim.

Our team of specialist Fatal Injuries Solicitors will handle your enquiry in confidence and with sensitivity, so call 020 7923 4020 when you feel ready to discuss making a claim.

Travel Insurance

Remember that it is important for all holidaymakers to take out adequate travel insurance before leaving for a holiday – including cover in case a medically assisted flight home is needed, as the British government has no duty to pay for medical care or to fly you home if you are injured and have not taken out travel insurance.

It is also important to remember that if you are injured on holiday and are found to have consumed alcohol – or to be under the influence of recreational drugs or prescription drugs at the time of the accident – it may affect your travel insurance cover if it is deemed this contributed to the accident or your injuries.

For holidaymakers travelling to the EU, it is advisable to obtain an EHIC (European Health Insurance Card) before you depart on holiday.

Duncan Lewis Personal Injury Solicitors – Holiday Accidents & Injury

Duncan Lewis personal injury solicitors accept compensation claims for holiday accidents and injuries sustained on package holidays on a no win no fee basis.

Personal injury claimants have three years from the date of injury in which to make a no win no fee claim for holiday accident compensation.

Children injured in holiday accidents as a result of negligence can make a claim against the tour operator for up to three years after the age of 18.

For expert legal advice on no win no fee claims for Holiday Accidents and Injuries, call Duncan Lewis personal injury solicitors on 020 7923 4020.