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Magaluf death “not a holiday accident”, say parents (20 May 2014)

Date: 20/05/2014
Duncan Lewis, Personal Injury Solicitors, Magaluf death “not a holiday accident”, say parents

The parents of an aspiring DJ who died in a balcony fall in Majorca are to ask the Met Police in London to open an investigation.

Tom Ousby, 19, died last August in what appeared to be a holiday accident. However, a private investigator has now uncovered previously dismissed evidence, including a girl’s hair clip and unidentified blood on the fire escape where Tom was last seen alive.

It has also been revealed that Tom suffered injuries before he fell to his death – and police in Spain investigating his death may have missed vital evidence.

Tom’s parents, Lea and John Ousby, employed private investigator Amanda Foster to review the case.

The Sunday Mirror has also campaigned for the case to be reviewed, after obtaining evidence that Tom was seen running after he left his apartment at 6.15am on 1 August to visit the Atlantic Park Hotel a mile away in Magaluf. He had been working on Majorca for three months handing out flyers at the time of his death.

Police in Majorca concluded that no one else was involved in the incident, but Ms Foster has suggested he was involved in “some sort of scuffle” before he plunged to his death an hour after leaving his apartment.

Tom was last seen on the seventh floor fire escape by a hotel maintenance worker, who said he left the stairs and was making his way down to a lower floor inside the hotel, before returning to the fire escape and running up it again – his body was found face down on a first floor patio.

Last week, Tom’s parents met a detective from Scotland Yard and the British Attorney General Dominic Grieve to discuss the case. Mr and Mrs Ousby say they feel that there is a British girl somewhere who may know the truth about what happened to Tom. The couple are campaigning for an investigation into Tom’s death before an inquest is held in the UK.

Balcony falls on holiday

Balcony falls in the clubbing resort Magaluf have claimed the lives of several British holidaymakers in recent years – and many others return home with life changing injuries.

Excessive drinking and climbing over balconies to reach the room of a friend have in the past been blamed for the deaths.

The Foreign Office and ATOL have launched a campaign to warn young adults on holiday in party resorts like Magaluf and Ibiza about the dangers of holiday accidents such as balcony falls while under the influence of alcohol or recreational drugs.

However, poor maintenance of balconies – or different health and safety or building standards overseas – can mean that balconies or stairwells in overseas hotels may have lower walls or railings, or no guardrail at all, increasing the risk of a holiday accident.

Having a holiday accident and suffering injury while under the influence of alcohol or recreational drugs can negate travel insurance and make claiming compensation for injuries more difficult.

Duncan Lewis Personal Injury Solicitors – Holiday Accidents & Injury

Duncan Lewis is a leading firm of personal injury solicitors and can advise on how to make a no win no fee compensation claim for Holiday Accidents & Injuries caused by the negligence of another party, including poor hotel maintenance, building standards or negligence by a tour operator.

Under the 1992 Package Travel Regulations, claimants have three years in which to make a claim for Holiday Accidents and Injuries.

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


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