- Mother suffers broken wrist, unable to drive for a month
- Engagement and wedding rings repaired had to be cut off her fingers at the hospital
- Thomas Cook liability proven – decides to make compensation settlement
We have recently helped a mother of 4 claim £4,500 compensation after she slipped down a set of stairs on holiday at the Maran Hotel in Faliraki, Rhodes, causing injuries to her wrist and back.
The 44 year-old independent financial advisor was on a family holiday when she slipped on water that had been lying on a set of steps leading down to the hotel swimming pool.
Unable To Drive
With her left wrist broken, the woman was unable to drive for about a month. When they returned to the UK, her four children were still on their school holidays and were unable to enjoy any further activities because they had no transport.
Our client also had to pay to have her engagement and wedding rings repaired as they had to be cut off her fingers at the hospital following her fall because her hand and fingers were so swollen.
In addition to the physical problems caused, our client was especially upset that her holiday and her husband’s birthday celebrations were spoilt by the accident.
James Blower of Simpson Millar LLP wrote to the UK Tour Operator involved, Thomas Cook, under the terms of the Package Travel Regulations 1992.
We pointed out that the operator was liable for the negligence of its suppliers – in this case the hotel – and that the personal injuries sustained by our client could have been avoided if the hotel had exercised its duty of care.
Local Standards Evidence
“The hotel had clearly failed to operate a regular system of inspection and maintenance of the steps near to the swimming pool, which exposed our client to a foreseeable risk of injury.” James added, that by not ensuring the accommodation would be of a sufficient standard and compliant with the local Greek safety laws the tour operator was also liable.
The hotel had clearly failed to operate a regular system of inspection and maintenance of the steps near to the swimming pool, which exposed our client to a foreseeable risk of injury.
“The defendant vigorously denied liability,” James noted. “Thomas Cook’s denial was based on their assertion that the hotel in Rhodes had fully complied with the local safety standards and laws.”
“It was necessary to obtain a report from a Greek expert who demonstrated that in fact the hotel had not complied with Greek law and had failed to install the correct anti-slip tiles or any handrail. The report was crucial to the success of the claim.”
“On issuing proceedings and serving the report, we were pleased that Thomas Cook decided to settle.”
For her injury and ruined holiday, our client was awarded £4,500 compensation and commented, “It took a long time but worth it to get the outcome”.
Top Tips To Take Away:
- If you’re hurt whilst holidaying at a hotel abroad and it’s not your fault, it’s possible that both the hotel and the tour operator you booked with may be liable.
- Pursuing accident claims abroad can be difficult because of the need for Local Standards evidence from an expert.
- A travel law specialist who understands the need for this crucial evidence is a must if you are to succeed in your claim for compensation.