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Holiday Illness Complaint

Over £5,000 awarded to holidaymaker following fall in the foyer of the Grand Bahia Principe Tulum in Mexico

11th January 2018

After a successful trial, our client was awarded over £5,000 in compensation after they were injured by a fall in the hotel foyer of the Grand Bahia Principe Tulum in Mexico. During the trial, it was proven that inadequate safety procedures were in place to prevent such an accident from happening.

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The Grand Bahia Principe Tulum in the Riviera Maya

Advertised by British tour operator Thomas Cook on an all-inclusive basis, the Grand Bahia Principe Tulum is situated in the Riviera Maya region of Mexico. From online reviews, it's clear that this hotel is very popular with holidaymakers, however, our client's holiday soon took a turn for the worse.

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Wedding anniversary holiday accident

Our client stayed at the Grand Bahia Principe Tulum to celebrate their friend's wedding anniversary, but soon after their arrival, disaster struck. Only 1 day into their holiday, our client tripped on a large mat that had been unsafely placed in the hotel foyer.

The accident left our client in a lot of pain, to the point that she described the experience akin to going into shock. She advised us that her leg swelled, meaning that she initially required the use of a walking stick and later a wheelchair to assist her with her mobility.

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Holidaymaker hospitalised in Mexico

Due to her injuries, our client had to go to the doctor, upon which she was referred to hospital for treatment. At the hospital, she required an x-ray where it was confirmed that she had broken her right patella (knee cap). While at the hospital our client's leg was placed in a plaster cast and she was told to take painkillers and advised that as part of her recovery, she would require physiotherapy.

Claim for holiday medical expenses

Because of her accident, our client was unable to enjoy the all-inclusive facilities that she had paid for, and she was also unable to explore the area surrounding the Grand Bahia Principe Tulum, something that she had hoped to do as part of her holiday to Mexico.

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Problems getting back to the UK following injury

Our client informed us that the Thomas Cook holiday representatives weren't very helpful and she experienced problems getting home, as Thomas Cook were unable to fly her back in the condition that she was in. This meant that she had to make special arrangements to get home through her insurer, adding further stress to the experience.

Upon her return to the UK, our client was further affected by her accident and was unable to drive for about a month. She soon contacted our travel law team and instructed us to represent her in making a compensation claim against Thomas Cook.

Case goes to trial

We entered into correspondence with Thomas Cook, during which we tried to settle our client's claim, but ultimately the case went to trial were it was found that Thomas Cook had been negligent and could have taken steps to prevent our client's injury.

As a result of our representation, our client was awarded £5,775 in compensation.

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Glowing client testimonial

After their case was successful, our client sent the following to us:

"Dear Mr Tarling (Andrew),

Thank you so much for your help in settling my claim against Thomas Cook.

I really do appreciate your professionalism, your expertise and knowledge of the "ins" and "outs" of this complicated business.

I am going to take my daughter away for a few days. Treat our friends who were in Mexico with us, and use the rest to pay for a holiday…"

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What to do if you're injured on holiday

If you suffer an accident on holiday, it's important that you seek the advice of a medical practitioner as soon as possible, ideally while still at your resort. It's possible that your injury is more severe than is immediately apparent, and by receiving treatment, you put yourself in a better position to make a faster recovery, as well as reducing the risk that your initial injury will cause long-term problems.

In the eventuality that you need to make a compensation claim following your accident, it's advisable to gather as much evidence as you can at the time of the incident. This can be done by taking photos or recording video to show how the environment of your holiday destination has resulted in your injury.

It's important to remember that a foreign injury claim is likely to be assessed on foreign health and safety standards, and by supplying our travel law specialists with as much evidence as you can, they will be able to make a more accurate an assessment of your potential holiday accident claim.

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Find out if you can claim compensation

As part of a brief complimentary obligation-free consultation, a member of our travel law team can assess your case and advise you of whether you're able to make a 'no win no fee' compensation claim, or if there are other avenues of complaint that would be more beneficial to you.

Andrew Tarling - Holiday Compensation Claims Manager

Contact us for free no-obligation holiday illness claims advice

To find out more about claiming compensation; contact Andrew Tarling by filling in our enquiry form and we will call you back, or call us directly on 0808 145 1353.

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