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Holiday Illness Complaint

£16,000 awarded to holidaymaker after gym accident at the Apollonion Resort & Spa

21st September 2017


Our client was making use of the gym on his holiday to the Apollonion Resort & Spa in Greece when inadequately maintained gym equipment resulted in a severe injury to his shoulder that required surgery, leaving them with lasting nerve damage.

As a result of our representation, our client was awarded £16,000 in compensation.

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The Apollonion Resort & Spa in Greece

The Apollonion Resort, currently advertised by TUI-owned tour operator Thomson as the Apollonion Resort & Spa, is situated on Kefalonia, one of the Ionian Islands of Greece. The resort is currently advertised as featuring a range of facilities, however, it no longer appears to offer the use of a gym.

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Gym equipment accident

Our client was making use of the hotel's gym, where he was using a lateral pull-down weight machine. While he was using the machine, he pulled downwards on the bar, as the machine was intended to be used, when the cable that was attached to the bar snapped.

This caused our client to fall to the floor along with the pull-down bar, and as a result of this accident, he suffered a personal injury and incurred financial loss and damages.

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Severe shoulder injury caused by accident

Due to his accident, our client suffered a severe shoulder injury; sustaining a right-sided rotator cuff tear, which is a type of tear to a tendon. Specifically, the tear was to his supraspinatus tendon.

Because of the damage sustained by this injury, our client required specialist treatment that included an arthroscopic surgical repair, which is a type of surgery performed on the shoulder using a tiny camera. He also required physiotherapy, as well as pulsed radiofrequency denervation, which is a type of treatment that uses heat to deactivate nerves.

Our client was administered with a perioperative interscalene block, which subsequently affected the nerves of his brachial plexus, which is the network of nerves in your shoulder that transmit signals from your spine to your shoulder, arm and hand.

This left our client suffering from neuropathic symptoms, which can include numbness, pricking and tingling of the extremities, as well as pain that can vary from a sharp jabbing sensation through to pain akin to freezing or burning.

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Shoulder pain

At the time that the claim was settled, our client was still experiencing pain in his shoulder.

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Accident claim against TUI

Our client approached our travel law team to make a compensation claim against TUI under the Supply of Goods and Services Act 1982 and The Package Travel Regulations 1992.

We argued that the accident was the result of negligence due to the substandard maintenance of hotel facilities, constituting an improper performance of the contract with the tour operator, including their third parties.

We also put forward that there had been a failure in ensuring that the following was carried out to ensure the safety of the gym equipment:

  • To keep the gym equipment in good working order and carry out repairs
  • To perform adequate inspection and testing processes
  • To carry out routine maintenance on the gym equipment
  • To prevent the use of unsafe gym equipment

Through these failings, our client was involved in an accident that he had no way of averting. We argued that TUI failed to exercise a degree of skill and care as could reasonably be expected of them and their suppliers, including that the services that they provided were not safe to use or of a reasonable standard.

As part of our investigation into these failings, we also found that there was a failure to comply with the applicable local safety standards.

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Compensation awarded for injury

After his accident, our client approached us for legal advice and subsequently instructed us to represent him. Following our representation, TUI agreed to settle the case out of court, offering a compensation award of £16,000.

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Find out if you can make a 'no win no fee' compensation claim

If you've had an accident on holiday that you believe could have been prevented if health and safety standards or maintenance processes were followed, then you could be entitled to claim compensation.

Our travel law specialists can provide you with a free no-obligation consultation, advising you of your rights and the most effective method to pursue your complaint. If we're able to help you with your claim, we can represent you on a 'no win no fee' basis.

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Ross Smith - Partner, Holiday Claims

Contact us for free no-obligation
holiday accident advice

If you would like to find out more about claiming compensation for a holiday injury; contact Ross Smith - Partner by calling 0808 145 1353 or complete our enquiry form and we will call you back.


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