Holiday Accident Claim

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Overview of holiday accident claims

We are handling a number of compensation claims against British tour operators, in respect of injuries sustained on holidays overseas.

Typically, tour operators handle such claims "in-house". They often put up stiff resistance, even in cases where there is obvious negligence on their part.

The insurers acting for package holiday firms normally contest holiday accident claims on the basis that there are lower standards of safety overseas.

One frequent example concerns slipping accidents in hotels in Southern Europe. Marble is commonly used for floors and staircases in the region, and UK holidaymakers often find such flooring excessively slippery.

Under the pre-action protocol for foreign accident claims, we have to allow the defendants 6-months in which to investigate the claim and report their decision on liability.

Unlike with claims arising from accidents at work or vehicle collisions, seldom will a holiday accident claim reach settlement before court proceedings are issued.

The relevant law

We normally rely on the Package Travel Regulations, which were introduced in 1992.

Under the Regulations, a holiday accident claim can be made in the UK, despite the injury having been sustained overseas.

For the Regulations to apply, the injured person must have purchased a package holiday. Within the price must be included both the accommodation and the flight.

If one of those two features is missing, then the only other alternative is to make a claim in a foreign jurisdiction, with the assistance of local lawyers. This can be a complex and uncertain process.

Case studies

We have previously acted for a number of individuals who have made a compensation claim following a ruined holiday. Such claims have included:

• Knee injuries suffered by a woman who walked into a glass sliding door that failed to open automatically
• A slipping accident causing a back injury, resulting from a swimming pool attendant allowing the pool to overflow
• Head injuries while on a "champagne dive", when the holiday rep threw a champagne bottle that struck the client on the head
• Facial lacerations suffered by a child, as a result of unsafe flooring at an overseas hotel.

Dealing with holiday injury claims including Spanish accident claims