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Holiday Illness Complaint

Retiree finally wins his long compensation fight after Cyprus hotel slip injury

James Blower - Senior Holiday Claims Specialist

Author:
Dated: 27th November 2015

We have recently successfully assisted a retired gentleman claim £6,000 compensation after he slipped down a ramp at his Cyprus hotel causing severe injuries to his right shoulder.

Holiday injury complaint

The accident occurred on the 2nd February 2011 whilst our client was on a holiday with his wife and another couple at the Corallia Beach Hotel Apartments, Coral Bay, Paphos in Cyprus.

The 80 year-old slipped on a ramp he was descending whilst trying to reach the lifts at the end of the corridor in the hotel.

Severely Impaired and Incapacitated

With his right shoulder incapacitated, Mr H was unable to drive for the remainder of the 4 week holiday which meant the group were unable to enjoy any further trips around the island because no one else was able to drive the hire car.

On his return to the UK Mr H was unable to go swimming or play bowls which he really enjoyed doing.

Mr H attended several physiotherapy sessions to try and get further movement back in his shoulder. When the physiotherapy didn’t work Mr H was forced to have surgery on his shoulder to alleviate the pain.

Package Travel Regulations - Negligence

James Blower of Simpson Millar LLP wrote to the UK Tour Operator involved, Sunspot Tours Limited trading as Mercury Direct, under the terms of the Package Travel Regulations 1992. We reminded the tour operator that it 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.

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What are the Package Travel Regulations?

The Package Travel Regulations 1992 ensures holiday companies are responsible for the ‘proper performance’ of holiday contracts. So if you are ill due to food poisoning or poor hygiene at your hotel or you suffer an accident causing personal injury, your tour operator is responsible.

The local standard applies – Battle of the Experts

"The hotel had failed to ensure that the construction of the ramp complied with Cypriot building regulations, which exposed our client to a foreseeable risk of injury," James added, that by not ensuring the accommodation was compliant with local Cypriot building regulations and safety laws the tour operator was liable.

"The defendant vigorously denied liability," James noted. "The Tour Operator’s denial was based on their assertion that the hotel in Cyprus had fully complied with the local building regulations and safety laws."

"We obtained a report from a Cypriot lawyer who stated that the hotel had not complied with Cypriot building regulations and law. Reports of this nature are critical to the success of claims such as these."

"The Defendant obtained its own report from an English Engineer who claimed that the ramp complied with Cypriot regulations despite having no formal Cypriot qualifications".

"As we approached a Trial date and the battle of the experts loomed, we were pleased to see that the tour operator made the decision to settle the matter rather than go through the expensive trial process."

For his shoulder injury and out of pocket expenses, our client successfully obtained £6,000 compensation.

Mr H commented following the successful conclusion, "Mr Blower was very helpful and professional and I am very satisfied with his advice and help".

  • If you're injured 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 for your accident
  • Pursuing accident claims abroad can be very problematic because of the need for Local Standards evidence from a locally qualified expert
  • A specialist travel lawyer who understands the need for this crucial evidence is essential if you are to win your compensation claim
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