We have recently settled a claim for Mr M from Nottingham, a 36-year man who injured his leg whist he was on holiday.
Mr M was on an all-inclusive holiday in a resort in Jamaica which he had booked through the travel company, TUI.
How the Accident Happened
On the day of the accident, he was walking down some wooden decking type steps which were outside but within the hotel complex, when he tripped on the uneven decking which was at the bottom of the steps and he fell to the ground.
Reporting the Incident
He was able to take photographs of what he tripped on and he reported his accident to both the hotel and to the TUI holiday representative.
Medical Treatment Abroad and at Home
Mr M sustained an injury to his right foot. He was initially treated by a nurse at the hotel complex but later he attended a medical centre outside of the resort and had an x-ray which confirmed a fracture to his right foot.
Legal Grounds for the Claim
Although TUI, were not responsible for installing or maintaining the decking at the hotel, the claim for compensation was brought against them under the Package Holiday Regulations 2018. These regulations hold tour operators, such as TUI responsible for the performance of services included in a package holiday if a person suffers injury or illness due to a lack of reasonable care or local safety standard failures.
It was therefore easier for our client to pursue a claim against TUI who operate in this country rather than to bring a claim against the hotel in Jamaica under Jamaican law.
When he returned home from his holiday, Mr M was also treated for his injuries at his local NHS hospital.
Evidence and Expert Reports
Following investigation of the claim, TUI’s legal representatives initially denied responsibility for the accident.
We then obtained a medical report from a Consultant Orthopaedic Surgeon who requested that our client have an updated x-ray of his foot. We arranged for the x-ray to take place and this was sent to the Consultant Orthopaedic Surgeon along with the supporting radiologist’s report. These were then considered and the Consultant Orthopaedic Surgeon was able to give his opinion and prognosis on our client’s injuries in an addendum medical report.
Settlement and Outcome
Just before commencing court proceedings, we sent the medical evidence and details of our client’s out of pocket expenses (known as Special Damages) to TUI’s representative. At that stage they decided to make an offer to settle the claim without the need for court proceedings and, following negotiations, we were able to reach a settlement for our client in the sum of £5,500, which Mr M was delighted about.
Get Expert Help with Your Holiday Injury Claim
Accidents abroad can be stressful and confusing, but you don’t have to face them alone. If you’ve been injured while on a package holiday, our experienced legal team is here to help you understand your rights and pursue the compensation you deserve.
Contact us today for a free, no-obligation consultation – we’ll guide you every step of the way. You can call us on 01244 568 535 or email us at info@whatsmyclaimworth.co.uk and we’ll get in touch.