Holiday Accident Injury Claim
Holiday Accident Injury Claim
Most people do not sign up to a package holiday expecting to get food poisoned or suffer any other type of injury – and certainly not to come home looking searching for information on compensation claims. As they have agreed to a package deal, they expect the holiday package operators to offer them a trustworthy and high quality service. Unfortunately, these standards are not always met and the holiday from paradise quickly turns into the holiday from hell. Most people are not usually aware that if they can prove someone else was negligent for their injury occurring, they can claim for compensation. This will be explained in a bit more detail below.
Ever since the UK Packaged Holidays and European Legislation has been passed, it is now easier than ever to make a claim. Both the Package Travel, Package Holiday and Package Tour Regulations 1992 and the 4th European Union Motor Directive 2003 allow you to submit a claim in the UK for injuries that you have sustained in an accident abroad.
Organised package holiday
If you obtained an injury on an organised packaged holiday, your claim for compensation can be successful if you can prove that the negligence of the Tour organiser caused the injury.
You may have sustained your injury in a number of different ways. Most people fail to realise that even a minor slip in the lowering of safety standards can result in an accident occurring. You may have been injured on a slippery floor, or whilst using the transport provided by the tour operators. If the food was prepared negligently, you may have suffered from food poisoning. In all of these scenarios it will be possible to make a claim if you can prove that you suffered as a result of someone else.
The tour operator of your package holiday is responsible for ensuring that each part of the 'package' meets the required standards of the consumer. This means ensuring that your accommodation is safe and fit for purpose. The accommodation should be checked over for any risk from injury, infection, or disease. However, it must be noted that the tour operator's liability will not extend to activities that are arranged externally by you, i.e. activities that are not included as part of the holiday package deal. The types of claims can include:
Non-Package Holidays
If you have suffered an injury through a non-packaged holiday, it may still be possible to claim for compensation. This can be quite tricky and will depend on a number of factors. For example, the country where your injury occurred will impact they way your claim is dealt with, as different countries are governed by different laws. In these situations, it is best to contact your personal injury solicitor who will help assess your claim and advise you on your best course of action.Our solicitors will assess your case, and aim to establish who was responsible for your injury. We will aim to help you gain the best compensation possible.
Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics
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“I am very happy that I decided to pursue my case, my case is still ongoing but being kept informed throughout”
Mrs Mary Terra
