- Holidaymaker falls into glass door after slip on a wet patio due to hotel staff watering plants
- LowCost Holidays failing its duty of care as patio glass “not fit for purpose”
- Hotel guest suffers serious muscle, nerve and tendon wounds, arterial damage and severe lacerations
Simpson Millar LLP is seeking damages on behalf of a Sussex man whose Spanish holiday was soured due to unforeseeable injury.
The holidaymaker fell into a glass door after inadvertently sliding on a wet patio. It transpired the surface had become slippery due to hotel staff watering nearby plants.
No warning signs despite slippage hazard
Despite the wet state of the patio, no signs had been erected to alert hotel guests to the potential hazard.
When the incident occurred in October 2014 our client was staying with family and friends at Paraderro Apartments in Tenerife. The 40-year-old had booked the 7-night B&B break with Lowcost Holidays.
Simpson Millar LLP’s Claire Rabbetts, who is handling the claim against the travel firm under the terms of Package Travel Regulations 1992, said the fall caused our client to sustain serious muscle, nerve and tendon wounds, arterial damage and severe lacerations.
“When he slipped and fell on the wet patio area, his leg went straight through the glass patio door, which instantly smashed into shards.
“It’s understood that the area was wet following the use of water sprinklers, and the area was made even more slippery because of petals and foliage from nearby plants.”
Had this been a small child the consequences could have been disastrous. Our client is very lucky that a main artery was not severed.
Safety glass was absent
Claire said there had been no signs warning of the potential danger. “The floor area did not appear slip-resistant, while the fact the glass did not shatter, instead smashing into large shards, suggests that no safety glass had been used.”
In the wake of the incident our client was treated locally and hospitalised for 5 days – the better part of his holiday – before transfer back to the UK.
Ongoing troubles despite medical attention
Although on arriving home he underwent further medical intervention, our client continues to experience problems.
“Since the incident our client has noticed ongoing symptoms and has been left with substantial scarring,” Claire said. “He has had to rely on others around him for care and assistance, and is still under the care of UK medical professionals.”
Holiday firm had “duty of care”
Claire noted that, as so often in holiday injury cases, the travel firm in question has a duty of care to its customers.
“It’s evident that the glass was not fit for purpose,” Claire said. “Had this been a small child the consequences could have been disastrous. Our client is very lucky that a main artery was not severed.”
At time of writing this remains a ‘live’ case. “We are at medical evidence stage and we have some way to go before any potential settlement,” Claire said.
“In time, depending on the defendant’s position in respect of liability, we may require the input of a local Spanish expert and a barrister.”