Legal News

Insurance companies have announced that they will no longer pay travel insurance claims involving injuries from balcony falls which occurred as a result of risky behaviour.

The number of British holidaymakers killed or seriously injured as a result of falling from balconies in holiday resorts like Magaluf has increased in the last few years.

Many young British adults suffer serious injuries after falling from height when they return to their hotels after a night out drinking. Injuries also occur as a result of young holidaymakers deliberately climbing from one balcony to another in a trend known as balconing.

In hotels abroad, construction standards of balconies may not be the same as in the UK – and some hotel balconies may consist of a low, broad wall on the balcony without any guard rails.

At least one young British holidaymaker has been killed after falling asleep on a balcony wall and rolling over in their asleep, plunging down several floors onto the ground below.

Trends like tombstoning (when holidaymakers dive from a balcony at height into a swimming pool below) or planking (when holidaymakers take images of themselves stretched out and apparently levitating in mid air) can also lead to holiday accidents and falls from height.

Package tour operators have a legal duty to ensure that hotel accommodation is of a reasonable standard – and this includes making sure balconies are safe and well maintained so holidaymakers are not injured in the normal course of using their balcony.

However, if risky activities are engaged in by holidaymakers this may not only void any holiday insurance taken out, but it may also mean that families have to pay for medically assisted flight to return their loved ones to the UK if they are seriously injured.

Families would also have to pay for a flight to repatriate a loved one’s body in the event of a fatal holiday accident as a result of risky behaviour such as balconing.

The British Consul or Foreign and Commonwealth Office (FCO) have no duty to pay for flights home if Britons are injured abroad – but despite this, as many as one-third of holidaymakers leave the UK every year without taking out travel insurance.

However, holiday insurers such as Aviva now say they will not pay out for injuries sustained in holiday accidents if those involved have been balconing – climbing over balconies or balcony railings – at the time of the injury.

Aviva underwrites travel insurance sold by major high street banks such as HSBC and Barclays.

Aviva underwriter Kate Niven told the Mail online:
“The requirement that you take all reasonable precautions to protect yourself and prevent accidents is already present in all travel policies.
“To clarify further?.?.?. we will be excluding claims for balcony falls.”
Direct Line has also announced that it will not pay out to holidaymakers injured if they have “climbed, jumped or moved” from one balcony to another.

In such cases, families could find themselves having to foot the bill for hospital treatment abroad for their loved ones, as well as the cost of flying them home and paying for rehabilitation in the UK.

Some youngsters injured in holiday falls from height have returned to the UK with catastrophic and life changing injuries resulting in paraplegia or tetraplegia, requiring 24/7 care.

In 2013, a total of 18 British holidaymakers were seriously injured in falls from balconies and the FCO is running a campaign called ‘On holiday don’t let drink do your talking’ with ABTA (Association of British Travel Agents) to warn young Britons of the risks of binge drinking while on holiday abroad.

Duncan Lewis Holiday Accidents & Illness Solicitors

Duncan Lewis is a leading firm of holiday accident and illness solicitors and can advise on making no win no fee claims if you have sustained an injury or illness on holiday as a result of someone else’s negligence.

Under the Package Travel Regulations 1992, package tour operators have a legal duty to make sure hotels are well maintained and holidaymakers do not become ill as a result of preventable illnesses such as Salmonella or E.coli.

For expert legal advice on making a no win no fee compensation claim for holiday accidents and illness contact Duncan Lewis personal injury solicitors on 020 7923 4020.