How to claim compensation if you are injured on holiday or abroad

By Ian Morris | Updated November 29th, 2022

74 questions have been answered on this subject, why not ask your own?

When it comes to making a claim if you have had an accident overseas it is much harder to know if you have a right to do so, or how to go about it. Most specialist no win no fee injury compensation solicitors working within the United Kingdom are only able to pursue claims against companies or organisations based within the UK. In the majority of cases, we can only help people claim injury compensation if they have had their accident and sustained their injuries in this country. But there are some exceptions…

Package holiday injury claims

The most common type of claim we see from those injured on holiday are slips and trips, particularly in hotel lobbies. Claiming injury compensation after a fall like this is usually an easy process if the accident happened in this country, but in a foreign country it is never as simple. However, if you have slipped (or suffered any other kind of injury) in a hotel, for example, that was booked and organised through a UK-based tour operator as part of a package holiday, you may well have a valid claim as we would attempt to hold the UK tour operator liable for placing you in a hotel that failed to ensure your safety at all times.

As with all claims for injury compensation, it is important that the details of any accident are correctly recorded and reported to the right people. In the case of an accident overseas, you should report the details to the venue and also demand that your locally based tour operator representative records the details and their cause, and then advises the UK office of the tour operator of the incident. This would give your injury compensation claim the equivalent of an accident book to refer to for evidence. You should also obtain medical treatment as soon as possible and in most cases when you have medical treatment overseas, you will need to pay for that service and then claim the costs on your travel insurance.

Holiday road accident claims

Another common kind of injury overseas are as a result of road traffic accidents. Claiming compensation for injuries in a road traffic accident in a foreign country is usually not something that a UK-based solicitor is able to assist with unless they have qualifications to operate in that country or can refer you to a solicitor based there. It is quite common for injury compensation solicitors to be qualified in English law as well as Spanish or American law, for example.

Why not see if you can claim?

If you have been injured whilst on holiday, you have nothing to lose by contacting us to discuss the details of your accident. Even if you think there is no way on earth that you will be able to claim compensation for your injuries, you may be wrong. One of the things that makes Direct2Compensation so special is our network of expert solicitors who can help people with all sorts of claims, from common scenarios through to the unusual or complicated ones such as overseas accidents.

At Direct2Compensation it won’t cost you anything to seek advice from a solicitor and it won’t cost you anything if your claim fails. You have nothing to lose and plenty to gain, so contact us today and let us find out whether or not you can claim injury compensation for your overseas travel accident. Please call our team on 01225 430285, or if you prefer, we can call you back.

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Questions

Read on for questions and advice about claiming, plus holiday injury claim examples...

I had a serious injury on holiday in kavos and the hospital said I was drunk but I wasn’t. My insurance centre wrote “slipped and fell”. I’m actually disabled as I can’t use my arm, is there anything I can do?

Where did you fall and how did it happen? If you fell in a public place in Kavos, you would have no right to make a claim under UK law and would have to take any such action under the local legal framework covering that location. However, if your accident happened within a Hotel that you had booked and paid for via a UK registered tour operator and the cause of the fall can be attributed to negligence, you may have grounds to take action against the Tour operator.

I go regularly to an apartment in Portugal, I am disabled can not walk well with one leg and waiting for hip replacement as well as balance issues with a brain tumour, I booked my usual then several week later he told me he had let someone else have it but was giving me a nicer one instead in same area, when we arrived it had downstairs and upstairs, the stairs up were those winding ones and he knew i would struggle told me could sleep downstairs if so as left sheets etc, but the toilet and shower were up!, Had only been there an hour and came down so carefully as was nervous but the bottom turn part had no had rail, and i misjudged it and fell onto my bag leg side on marble floor.
My leg was agony but presumed just bruised but had to use wheelchair as couldn’t walk for rest of the stay, he did move us the next day to one on all one level , I am back in the UK now and still it is as bad , I am going Casualty Monday when can get someone to take me, I literally cannot walk at all and now wondering if wasn’t bruised but something broken , my hip hurts at times if twist it et so thought was nothing major but its my knee, hip and bottom back , is there anything I can do ?

As your accident has happened overseas, there is unlikely to be anything that a UK Solicitor or claims specialist can do to assist you. Unless your accommodation was booked and paid for through an ABTA and ATOL registered UK tour operator who were made aware of your disability needs prior to booking, there will be no liable party in the UK against whom you could pursue a claim.

Hi, I had a fall in Indonesia and suffered a fractured coccyx’s and fractured sacrum, would I be able to make a claim ? It was on some stairs at a hotel that weren’t the safest.

Unless the stairs where you fell were in a Hotel that you’d booked and paid for via a UK registered tour operator, it will not be possible to pursue a claim in the UK and you would have to go through Indonesian law to take action if not.

If you think we can help you, please contact us on 01225430285.

Hi my partner got stabbed whilst on holiday in Portugal and was in hospital for 8 weeks. The attack was unprovoked, he was robbed. Would he be entitled to compensation?

Portugal does have a system in place that enables UK citizens to claim criminal injury compensation. Before Brexit, UK citizens assaulted in any EU Country could pursue a claim through the Criminal Injuries Compensation Authority for compensation. However, now you must contact the British Embassy in Lisbon.

Hello, I was recently injured falling downstairs of a hotel reception in gran canaria, the receptionist only asked if I was OK then sat back down whilst I was still on the floor, I had fractured my arm as a result

Whether or not you can pursue a claim for personal injury compensation is uncertain. As you may imagine, the fact that you were injured outside of the UK does present some problems as it may well be the case that you cannot take action under UK law and would instead need to seek the advice of a Spanish legal professional. However, if the Hotel was booked via a UK tour operator, there is a potential that they may hold a vicarious liability for the incident.

Notwithstanding these issues, we must first see whether the cause of your fall can be attributed to negligence or whether it was simple misfortune. If you were caused to fall due to a spillage on the stairs or some sort of disrepair to the floor surface, negligence is likely to attach.

The steps on which I fell the hand rail doesn’t come all the way down it stops at the 3rd step from the bottom and this is where I fell

There is no requirement as such for handrails to be fitted on stairs or steps, but if those that are fitted are broken or dangerous, there can be a potential to pursue a claim.

Was the accommodation you were in at the time booked via a UK tour operator?

I was on holiday in Paros Greece when I had a fall and ruptured my patella tendon. I saw a consultant same day who confirmed the injury and it’s severity. I contacted my insurance company to arrange a repatriation flight back home which they approved but it took twelve days to get a flight back. During those 12 days I was bed bound or laying flat all of the time and could only leave my room or the adjacent breakfast area to twice visit a clinic. In short our holiday was ruined and our return when it did eventually happen was 4 days later than scheduled. My question is whether we can claim for the “loss of enjoyment of the holiday”. We were paying €195 per night and just waiting to get back home. Our hire car was left where I fell and it took the hire company 9 days to recover, can I claim for that cost too?

What caused you to fall and where did it happen? If you had a fall in a public area whilst overseas, there is sadly nothing we can do to assist and you’d have to either claim via your own travel insurance or with the assistance of a legal professional able to act under Greek law.

If your fall happened due to some form of negligence (disrepair, hazard on a walkway) within a hotel accommodation that you had booked via a UK tour operator, we may be able to make a claim, which if successful would see settlement that included pain and discomfort for the injuries sustained and for their impact on the holiday that you had paid for – essentially a cost recovery of the same.

Are you valid for a claim if you have injured yourself on a jet ski abroad however not seeked medical attention abroad ( waited until travelled back to the uk later on that day) ? I have 4 fractures in my foot and have had surgery however when I got off the jet ski their was no medical help from who we hired the jet skis off they just left us to it.

Sadly, it would seem that you are not in a position to take action under UK law for the injuries you have sustained. The main issue is that you were injured overseas and that the service you purchased was provided by a business registered and operating outside of the United Kingdom. Therefore, they will not be subject to the health and safety practices of the UK and our Solicitors would not have jurisdiction to be able to assist.

My girlfriend got a big shock off the hot food counter in the hotel and now has to go to hospital because of chest and arm pain. Are we able to claim? We are still on holiday at the minute and we have insurance but we were told that we will have to pay for the doctor and we will get the money back when we go home, we are just waiting on the doctor to come and bring us to hospital.

Your holiday insurance will certainly cover the cost of any medical treatment needed whilst away. In usual circumstances, you would pay any fees for care and then reclaim them once back home. With this in mind, it is important that you ensure that details of treatment are retained along with receipts for payment. Of course, if the cost of treatment is higher than you would anticipate, you can contact the insurers directly and they may agree to provide an undertaking to the Hospital to cover the costs of treatment directly.

As to whether it is possible to claim personal injury compensation via a UK based Solicitor, you will only be able to do so if the location of the incident (hotel) was booked via a UK based tour operator as they would then have a potential vicarious liability for the incident. It is vital that the details of the electric shock injury are recorded both in resort (in writing with the Hotel and if applicable, an overseas based tour representative) and you should then follow that up immediately when back in the UK by writing to the tour operator regarding the incident.

Went to Jamaica – 5 star hotel through TUI. I broke my foot on uneven cobbles in the hotel.

Make sure that your injury is recorded locally (in the Hotel accident book) and with any resort representative of the Tour Operator. If possible take photographs of the accident site and also follow up your report of a dangerous area (and your injury) with the Tour Operator once back in the UK.

I went to Turkey in April, and slipped on a wet floor in the dinning area. There was a wet sign but far away from the wet area and outside dinning area is extremely low lit. I had walked and slipped, my knee popped and two people including a waiter picked me up and took me to my family where we were sitting. I told the manager of the hotel in the lobby the next morning what had happened and he said if i needed anything to email him. he basically shrugged me off.

I have since had an MRI and been told i have ruptured my ACL. can i claim if he didn’t even log the incident properly?

In this case, you can only make a claim if the accommodation that you were staying in and where you had the accident was provided through a booking made with a UK based tour operator and only if the incident was reported in resort and followed up with the tour operator when you returned to the UK.

We are currently on holiday in Malta. My daughter got injured in the pool yesterday while playing. Her toe was cut and we couldn’t stop the bleeding for over 15min. The accident was due to faulty grounding. The tiles were lifted up and as result caused injury. The pool was closed after the incident pending an investigation. Can we claim compensation?

In terms of negligence, it would appear that there are strong grounds to pursue a claim and that liability should attach. However, as the accident has happened outside of the UK, it may not be straightforward to pursue a claim. Indeed, unless the pool was at a holiday accommodation that was booked and paid for via a UK Tour Operator with ABTA bonding, any claim will not be possible from within the UK and you would instead have to instruct a Maltese legal professional to act for you.

If you booked the holiday accommodation in the UK and the pool was at that site, contact us as we may well be able to help you make a claim for personal injury compensation.

I slipped in the shower room in my hotel. As a result, I have broken my fibula. The tiles in the shower room are like glass.

Did you report your accident to the hotel reception? Do you know if an accident book report was completed?

In terms of a potential claim, if the tiles are unduly slippery and the hotel have failed to provide any clear warning within the bathroom or a non-slip mat to place on the tiled floor, you may well be able to succeed with a claim for personal injury compensation as there is then an argument that the hotel have been negligent in failing to reduce the risk of injury in an environment where there is a foreseeable risk of injury.

My partner fell on holiday in dominican republic in the shower as the drain came off,no slip mat and no handrail,i have taken photos,we have been told by slater and gordon they will take our claim on but want money upfront,we was looking for no win no fee with no money to pay upfront

To be asked for an upfront payment from a Solicitor is extremely unusual and you are right to be wary of such a request. Why have the Solicitors in question requested the fee – have they explained what it is for?

Our Solicitors act on a No Win No Fee basis and would be happy to consider your claim. Claims for accidents that happen whilst on holiday overseas are not always straightforward or easy for a UK Solicitor to take on, but if the accident happened in an accommodation that was booked through and provided by a UK tour operator, it is certainly possible to pursue such a claim.

Booked with TUI, my daughter joined in at a foam party which was held in the football courts covered with fake grass with a hole in some parts. She couldn’t see due to the foam and dropped once she got up a friend told her she was bleeding, we went to a emergency clinic and she has been stitched and wrapped.

If someone is injured whilst overseas on an activity or booking made with a UK registered tour operator, it may be possible to make a claim for personal injury compensation. The key issue here is to ensure that the incident is properly reported locally (with a tour operator representative) in writing and that this is followed up once back in the UK by contacting the company in question.

Clearly, in this case the event in question would obscure any visual sight of the surface of the ground beneath the foam/bubbles. As such, it is vital that the provider of the event (and vicariously the parties selling the event – such as tour operators) undertake adequate inspections to ensure that there are no hidden hazards or risks to health. It would appear that such inspections have not been undertaken given the nature of the injuries sustained.

Hi, I fell through a shed at the back of a property I was staying at on holiday. No injury – can I claim for trauma? As I feel limb damage or something more severe could have happened. Although it didn’t.
Under the circumstances I wish to pursue a compensation claim for the trauma caused. Can you please advise if this is something the owner should pay?

You would not be able to claim for psychological trauma in such circumstances. The fact that you ‘could’ have sustained injury but didn’t would not meet the criteria. Further, there would be questions as to why you were on the shed.

So I’m at my old landlords which is holiday guest house, the basement where you use dryer is very low concrete wall to get in and out the door way there is no mind your head sign. I’ve accidentally smacked my head into his wall now I got sharp stabbing pains in my head, what’s the advice you can can give me?

The first thing to make sure is that there is a written record of the incident logged with the property owner. This should include the date and time of the incident and a description of the incident and injury symptoms sustained. You should also obtain some photographs of the low wall and lack of signage and if the injury symptoms then seem to be sufficiently severe, you should seek medical attention to ensure that relevant evidence is available should a claim proceed.

The key thing at this stage is to make sure that there is a paper trail and sufficient evidence to support a claim, should it be viable and valid to pursue such action.

i have been on my private holidays abroad, i slipped on the stairs and had injured my lumbosacral spine, also had my treatment done abroad, can i claim?

Any claim or legal action in these circumstances will need to be pursued under the legal system of whichever country you were injured in.

Hello 10 years ago l went to my GP with what I thought was a mosquito bite having been on holiday, he assured me it was nothing but noticed a puckering on my left breast and referred me to the breast clinic, after tests I had cancer, had a lumpectomy, radio therapy and tablets for 5 years. The original lump was never removed, now 10 years on that lump was eventually tested came back a contained cancer, now in April of this year I had to have a mastectomy as l can’t have radio therapy twice. Is this negligence? I feel someone is to blame for not finding out what this lump was 10 years ago and as I’d got cancer in that breast why wasn’t it removed as a precaution?

We are able to obtain clinical negligence advice for claimants as we work with a specialist in such claim types. If you would like to get their opinion, please email me directly (ian@direct2compensation.co.uk) to summarise your situation (as you have outlined here), along with your contact details and date of birth. I’ll then make sure that our specialist reviews this and contacts you directly to advise you further.

Hi, whilst in Tenerife my mum slipped on standing water that had been left to dry in the sun after being mopped by hotel staff outside the front of the hotel. The hotel and holiday company have denied that this is anything to do with them, and a different solicitor was not willing to take this case on. My mum slipped and broke her wrist in two places. At the time the holiday rep tried to dismiss responsibility by saying it was the responsibility of the local council but why is that so when the hotel staff mop the area every day? Is there any point trying again to pursue this?

In reality, the prospects of succeeding with any claim in this scenario are extremely slim. For this reason, it is unlikely to be possible to find a Solicitor who is able to pursue the claim on a No Win No Fee basis.

If the accident had happened in the UK in the way you describe, a claim would be valid and it would have a good chance of success. However, as the incident was overseas where the laws will differ and working practices will too, it is a much harder prospect.

Hi I slipped on some steps while on holiday in Cape Verde the cleaner was mopping them, I broke my wrist. On returning home my holiday insurance put me onto a solicitor to see if I had a case to sue tui for personal injury. I have given all details and paper work to them 2 months ago and still waiting for them to tell me if they will take the case. Is it normal to wait this long?

When you say you have waited 2 months, is that for the Solicitor to advise you as to whether or not they are willing to pursue a claim for you? If so, that is too long. You really should expect a decision from a Solicitor on whether or not to run a claim within a few days – say a week at most. If on the other hand, you have instructed a Solicitor and they have submitted a claim to the defendant, 2 months is not excessive in terms of waiting for their response. Indeed, you would anticipate a further couple of months before they respond to the claim.

My wife slipped on a damaged step in a Mexican hotel in June 2019, she suffered a triple leg break resulting in surgery and extensive after care. Not only was the step itself badly cracked and damaged but was also wet with no warning signs present post a tropical storm in the area. We have been trying to pursue a claim but so far have been unsuccessful. My wife hasn’t worked since the accident and continues to work towards her recovery now. Response from travel company is “nil” and we are therefore advised as they haven’t accepted liability the claim is unlikely to be a success.

It goes without saying that because of the geographical location of the accident, pursuing a claim for compensation becomes a much harder process. Whilst you may well have booked through a UK tour operator, that doesn’t necessarily mean that they have a responsibility or vicarious liability for the accident in the hotel.

If the travel company can show that they had carried out initial adequate inspections and sought the relevant assurances from the Hotel as to health and safety etc, it is unlikely that you can hold them liable. As the hotel is located in Mexico, you can’t pursue them directly under UK law and would have to seek the services of a Mexican law specialist to do so.

I am in Slovakia on a medical spa holiday since 14th October and due to return to London on 4th November.
Yesterday I went to have a massage and on the way I slipped in the locker area due to water on the floor. I was taken to hospital for x-rays and fortunately nothing is broken however am in a lot of pain in my back shoulder and hip and finding it difficult to sit. I was unable to have the prescribed spa treatments yesterday or today will be seeing the hotel doctor tomorrow for my weekly checkup.
I would appreciate it if you could advise me if it is reasonable to ask for the hotel to pay for my medical expenses as well as compensate me for loss of treatments already paid for and pain caused due to negligence of water on the floor. I have reports from both the hotel doctor (who came to attend to me yesterday and sent me to hospital) and the hospital.
Any advice would be greatly appreciated.

Travel Insurance and what you are covered for is something that will depend on the particulars of the insurance policy that you have. As your accident happened in Slovakia, your rights in terms of compensation and claims will rest under Slovakian law. However, it would seem that it is totally reasonable to ask the Hotel to cover your costs as a minimum in this situation.

I have returned from benidorm and fell due to a pot hole in a pedestrian walkway in road. We was on our way out for a late evening show starting at 10 pm so was not under influence of alcohol as this was the start of the night.
Was seen by hospital next day due to pain and not weight bearing, strapped for a sprain and given crutches. I now will see my gp as i am unable to fully move some toes. Do i have a claim please?

If your injury happened whilst in Benidorm (Spain) you cannot pursue a claim under UK law or with a UK personal injury specialist such as ourselves – unless the cause of your fall was within the grounds of a hotel complex that you had booked via a UK based tour operator.

If the pothole that you fell in was on a public street in Spain, any right to make a claim would need to be exercised under Spanish law and via a Spanish Solicitor.

I was on holiday in Lanzarote, on the 24th of june i was walking back after playing a game of crazy golf. It had been raining as i entered the pool area i slipped i suffered a fracture pelvis, soft tissue damage to left leg. Spent 3 days in hospital. Since returning to uk i’ve attended gp and accident and emergency. I now have to see a doctor at soft tissue clinic as injuries are severe. I am in constant pain, cannot drive, my husband who is self-employed has to be with me because i cannot do anything. Can i make a claim against the hotel or the flight company? Thank you.

Any action you may be able to take, would have to be pursued under Spanish Law as the accident happened on Spanish soil. Therefore, we cannot advise you on this occasion.

On holiday in Majorca an amplifier fell and just missed the back of my husband’s head. The band were erecting the equipment and the person could not fit the amplifier properly. It crashed onto the table and smashed glass everywhere and hit my husband’s knee. The waiters came and helped us and got him up but he was not seriously hurt but very shaken as I was. Our granddaughter had died the week before we came out and family insisted we went on holiday as she would have wanted. We were very stressed and upset. The hotel knew this and were very sympathetic and one of the owners said he would like to do something so report it to TUI. It was recorded in the accident book and we reported it to the TUI rep. We contacted ABTA who said contact TUI. Despite numerous letters they say we suffered no injury and had no medical expenses. The hotel says without report from TUI there is nothing they can do although they want to. Do we just give up?

As this incident happened in Majorca, there may well be a need to have any potential action pursued under Spanish Law. You mention that your Husband’s knee was ‘hit’ in the incident. Did this cause injury? If so, is there any evidence available to demonstrate the injury? If there are no medical reports, are there photographs of the knee?

TUI may well be correct in their response to you if there was no injury but further, would then have responsibility for the mishap caused by whoever was erecting the speaker stand?

I fell heavily because of wet floor in hotel here in Majorca. Easyjet / Zurich have agreed to get me home to London etc. I have pics and hospital report, but hotel refuses to help with accident book. They called initial doctor and reception have helped extensively. Director says I need to email a hotel address, given by him. outlining details. I argued that there should be an accident book, but he said not. I have a small broken bone in coccyx and will have extensive pain for some time to come.

Given that you were injured whilst in Majorca, any requirements as to accident reporting and any possible claim for compensation will be subjected to Spanish Law. With this in mind, you will need to seek the advice of a Spanish law firm.

Hi, may be a long shot!! However i recently visited Lanzarote, on arrival i walked up to the local supermarket to buy some food items, as i came out i walked down the public slope outside the supermarket, not sure if this is owned by the local council though, as i walked down the slope, i slipped and fell and smashed the side of my face on the adjoining flowerbed/pavement area, and hit my face on a sharp rock, the slope was like an ice rink, intended for public use!!! My face swelled straight away, i returned to the hotel, a 100 yards up the road and informed them, they called their on call health provider, who applied ice packs to my swollen face (cheekbone area) this was three weeks ago, i returned to work almost straight away after returning home, so have not had time to see a doctor!! It was recorded with the Thomas cook rep in resort…However three weeks later my face is still throbbing, i wonder if i has fractured my cheekbone, it is obviously very dangerous.

The site of your accident certainly sounds as if it needs some attention to reduce the risk of injury. Unfortunately though, as the accident happened on public land in Lanzarote, any pursuit of compensation would be subject to Spanish law. There are many English speaking Spanish Law firms due to the large number of ex-pat British Citizens living in the country, so it may well be worth taking this matter up with such a firm to see whether you can pursue a claim for personal injury compensation under spanish law.

After going in a hot tub at a holiday apartment I slipped down 6 steep steps which I had already warned my daughter about as there was no rail. my feet were wet and I had flip flops on but i approached slowly and with caution. However regardless of this my foot when flying from beneath me and i didn’t have anything to grab hold off and one of my legs got bent underneath me as i bumped down the stairs. I was in agony and scared to move. An ambulance was called.

is it worth pursuing this?

The provision of a handrail is not a prescribed legal requirement. Therefore falling simply because there is no handrail is unlikely to be sufficient to pursue a claim. However, if the steps are not marked with a slip warning sign and have no non-slip surface, you could have a valid claim.

You mention though that you were on Holiday. The issue here could be whether or not we can assist you. If your accident happened overseas (outside of the UK), it is unlikely that we can help but if you were injured within the UK, it would be worth letting us look in to this further for you.

I was on holiday at an all inclusive resort abroad organised through thomas cook. was walking from one side of the swimming pool to the other to collect belongings. I wasn’t coming wet from the pool. I was dressed and wearing flip flops. I wasn’t drinking, i wasn’t running and I was simply walking at a slow pace concentrating where I was going. Around the pool they usually have a front row of sunbeds, and then one row at the back with an area in the middle which people use as a pathway. My left left slipped and I twisted it and heard a snap. Taken to Egyptian hospital and operated on my now broken ankle. When I initially was helped off the floor some of the reps came to help and take photos and they said there was no obstruction. I know there wasn’t as I slipped on the footway. Around the rest of the hotel there are yellow signs put out when they are mopping but they have no signs around the pool despite people getting in and out of the pool dripping wet. After my slip they did put a yellow sign at the spot for a few days but it is now gone. I wondered if i could claim as I now have months of immobility due to no fault of my own.

As you may appreciate, we cannot take any legal action against the overseas Hotel in this matter as such action would need to be taken within the legal system of the country in which the Hotel is located. However, you may be able to pursue a claim against the UK tour operator as they could have a vicarious responsibility for your Health and Safety whilst in a premises that they have ‘sold’ to you as part of your Holiday.

As with all injuries sustained in an accidents, it is vitally important that you make sure that a full detailed report of the accident is made with the travel companies resort representative. You should also then follow this up by reporting the accident and your injury to the Tour Operator once you are back in the UK. Given what you have said here, it is important that you mention the lack of any hazard sign where you fell – until after your accident, as this could be a vitally important factor.

On your return to the UK, you should contact us. We would be very happy to present the details of your claim enquiry to our specialist Solicitors in order that they can properly consider the specific details of your accident and advise you as to whether or not your claim can proceed against the UK tour operator.

Hi
I have suffered a fall at a holiday property I was stay at. Whilst stepping off the porch the ground gave way and a small sink hole appeared and my foot sank in the hole. I suffered cuts and bruises. There was no visable sign when I stepped off.
Do I have any rights to compensation?

You do have a right to make a claim for compensation in this matter, but whether or not the holiday property owner will be held liable will depend on the exact cause of the hazard that caused you to sustain injury.

If the hazard was caused by a newly developed sink hole that appeared at the time of your injury, it is unlikely that you would be able to demonstrate negligence on the part of the property owners as the courts would find that they had no way of knowing of the risk to your health. However, if the sink hold was already in situ and had not been cordoned off or marked with a sign to warn you of the risk to your health, you would have a strong claim.

If the sink hole was caused as a result of some adjacent construction or similar, you may be able to claim against the relevant persons if their actions can be shown to be negligent. You may wish to call us on 01225430285 to discuss your thoughts on this matter.

Were on holiday and my son has slipped over by the entrance of our apartment as it’s so slippy from people accessing the pool! There are no mats out anywhere and while my son was taking his shorts off before entering the apartment he’s slipped over and chipped his 2 front teeth (adult teeth). I’ve informed the manager and he didn’t really care about how slippy the floor gets. There are no signs out nor is there anyone around trying to dry the floors. Can I claim for my sons teeth to be treated for the rest of his life?

If the accident has happened in the UK, we would certainly be able to further investigate making a claim on behalf of your son. The fact that pool water is likely to be trodden around the areas adjacent to the pool side and in to the apartments buildings is foreseeable and therefore, it would be reasonable to expect the Apartment Management company to place warning signs and some non-slip matting to reduce as far as possible the risk of slipping.

If the accident happened outside of the UK, it is more problematic for us – but if the holiday was booked and paid for via a UK registered tour operator, it may be possible to bring a claim against them for the losses and injuries as they would have a responsibility to ensure that you are not placed in an accommodation where risk of injury is present.

In either case you must make sure that the details of the accident – the lack of matting and hazard signs as well as the injuries – are properly reported and recorded both locally with the apartment company/reception and also to any organisation with whom you have booked this holiday.

Hi we are on holiday at the moment in the uk. I don’t know if we have a Case but On the second night of our stay my husband was getting our daughter into the bath when he leant down to help her in, he gently opened the bath door out to help her in and it fell off and hit him on the side of the temple (he was low down so it fell a long way onto his head so it hit him with a lot of momentum behind it), this door was extremely heavy (so much so I couldn’t lift it and it needed two men to come to remove it) he has still got a large lump on the side of his head from his temple to the middle of his skull and he has suffered with very bad headaches, pressure in his ear and dizziness for the past few days since. Had this of fallen onto our 4 year old we fear that it would have been a very bad outcome and she would have been seriously hurt! Again we reported this within minutes and we were told that a medic would check my husband over and someone would be round to fix it as it was 7pm and reception didn’t close until 8pm. No one came round at all and we waited in all evening. We reported it the next day again and again it was not fixed. When they finally logged an incident form the member of staff actually could feel and see the lump on my husbands head two days later. The door was removed from the lodge but not replaced and so we could not use our ensuite shower the rest of our break.

The next evening I was opening my the Wardrobe door in kids room to get their clothes out and the one next to it just fell off it’s hinges and just missed my sons head as he was sitting on the bed but it then went on to landing on my foot causing tenderness and bruising. Again this was only fixed the next day.

Do we have a case to put forward for negligence of the equipment and repairs during our stay?

Your Husband would appear to have a valid claim here. The holiday company/home owner will have difficulty in defending such a claim unless they can provide substantiated records for maintenance that demonstrate that they have an adequate regime in place.

You should also report your own accident and foot injury as you could probably succeed with a claim for that also.

We would be very happy to help you further with these enquiries.

Whilst on holiday abroad I was walking up a spiral staircase, fell and broke my wrist in two places with actually 3 breaks, not 100% sure if floor was wet or not, when reported to rep I was told that they he couldn’t of been wet as they don’t mop those stairs but a couple of days later there was a caution wet floor sign at the bottom of the same stairs, not sure if I can make a claim?

Claiming compensation after an accident that has happened overseas is something that can be done, but only in certain circumstances and situations. In your case, you would only be able to claim if there was a fault with the stair case that you could identify and if the staircase in question was in a hotel, apartment or property that you were booked in to or taken to by a UK registered tour operator – booked from within the UK.

Hi I tripped whilst stepping up a kerb, it was on a holiday site and the kerb had been painted with a smooth finish white paint, it was raining and the smooth wet paint was as slippery as ice. I fell damaging clothing, property and my shoulder.
Would I have grounds to claim?

You do have the right to try and pursue a claim for compensation in this instance and we would like to put this to our specialist Solicitors to get their opinion for you. Do you have photographs of the kerb in question and was the accident reported to the Reception of the Holiday site?

Hi whilst staying at a UK holiday park chalet style apartment with big heavy patio sliding doors, we had just arrived I put my 9month old lay on the floor to play with his toys safely whilst I was unpacking his things into a cupboard, my daughter has gone to leave the chalet she has slid the door a few inches when she shouted me to say the door was stuck IV turnerld and looked and the door was off at the top, Iv immediately screamed and ran for my son,and as IV swooshed him to one side out of the way the door has fell and hit my head and trapped my hand my daughters hand also got trapped and injured, my son managed to get away with just a bruise on his knee where he his oxygen regulated when I swooshed him out of harm’s way if I would have been a second longer he would have no doubt in my mind been crushed to death, I have pictures, the maintenance man who came to fit it said the runner had gone on the bottom and replaced it.. do we have a claim?

We should definitely place the details of this accident to our specialist Solicitors. We couldn’t at this stage state for certain whether or not you would succeed with your claims, but it is clear that there is sufficient information within your description of the incident to warrant making a claim for compensation – both for yourself and your daughter. It sounds as if your Son was extremely fortunate and managed to avoid injury.

To successfully defend this claim, the holiday company will have to demonstrate that they carry out adequate maintenance inspections to each chalet and that the doors and sliding mechanisms of the chalet in which you were injured (particularly the door that caused your injury) had been recently checked and inspected. It is unlikely that they will be able to defend such a claim.

We would very much like to put your claims to our Solicitors and allow them to advise you and pursue your claims on a No Win No Fee basis.

hi – while on a short break in a caravan – the steps of the caravan completely came away from the side of the caravan while i was stepping down them. injury occurred to my leg and hand (still sore 5 months later) – contacted a well known solicitor who has only just told me they are not willing to take my case to court as caravan site can prove they had the relevant quarterly inspection records for the steps and that no other accidents like this have ever happened. bitterly disappointed as we have photos of corroded holes in caravan, photos of the stairs lying on the ground, photos of my injuries. Just because they say the have inspected the stairs and they couldn’t have foreseen this happening i’m left with nothing but memories of a ruined holiday and a sore leg.

Karyn

I can appreciate that the news your previous Solicitor has given you is disappointing and left you feeling somewhat let down. This is understandable, given that you have suffered a painful injury and also had a ruined holiday.

The courts have taken a view that as long as a landowner carries out regular inspections and has an appropriate maintenance regime in place, that they can be absolved of liability should a hazard arise in the periods between inspections. The key thing here though is that the inspections MUST be adequate and that the maintenance regime must carry out adequate repair work.

However, on the basis of you having photographic evidence of corroded holes on the caravan it may be that your Solicitor could argue that their inspection regime was inadequate in that the corrosion would not have developed in a 3 month period. Indeed, an argument here would be that the inspection carried out previously should have noted signs of corrosion if it were an adequate and thorough inspection. This would have have lead to maintenance work being carried out that would have avoided your accident and injury.

Whilst we cannot guarantee that we could re-open the claim and succeed, we would certainly be able to have one of our partner solicitors obtain the file of papers from your previous solicitor to review them and then discuss with you as to whether or not they feel that there is a sound argument to be made about the inspection regime being inadequate.

I hope that this helps.

Yours sincerely

Ian

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