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Holiday Accident at Club Cettia Resort Hotel in Turkey: who is Liable?

With help from Simpson Millar LLP, a Liverpool mother has made a successful personal injury damages claim following an accident to her son while the family holidayed in Turkey.

Child Friendly Hotel?

Between 20 and 28 October 2011, our client, her partner and their son were staying at the Club Cettia in Marmaris: a hotel which the couple had chosen expressly for its child-friendly amenities.

On the afternoon of 23 October, the 11 year-old had been at the back of the hotel playing football. The youngster then went to the pool area of the Club Cettia apartments, while his father watched soccer at the pool's nearby bar and his mother returned to the family's room.

Accident

"I hadn't been there for long when a man we had become friendly with came to the door and said that Liam had had an accident by the pool," our client said.

"I was about to go to see him but was then told that he would have to go to hospital, so I would need to take our passports and holiday insurance details with us. After getting them I went down to the pool to see him."

Swimming Pool Drainage System Faulty

When she arrived she found her son sitting in an ambulance. He had a bandage on his foot and a doctor was in attendance.

Acting for the claimant, Simpson Millar's Simon Lomax said: "Our client discovered that her son had cut the ball of his right foot at the base of his big toe. The damage had been done on a protruding part of the pool drainage system that ran around its outer rim."

"There was a lot of blood on the floor so I knew that it was bad," our client said.

The boy had sustained a deep laceration just below the right toe on the bottom of his foot, an injury which required treatment at the local medical centre.

Stitches Needed in Wound to Foot

"The first thing that I had to do at the clinic was to show them our travel insurance details," our client recalled. "I could hear screaming but at first didn't realise that it was him. He had been given an anaesthetic and then had five stitches to his wound.

No Crutches Supplied Despite Severe Foot Injury

"When he came out, his foot was bandaged up. He wasn't given any crutches and had been told to walk on his heel. We then returned to the hotel by taxi.

"Before leaving the clinic we were given a prescription for some medicine, which one of the Turkish lads working in the hotel picked up for us from a local chemist."

Simon Lomax wrote to Thomas Cook Tour Operations Ltd, with whom the holiday was booked, claiming damages for personal injury, losses and expenses incurred as a result of the accident.

Tour Operator was Liable

"The reason we alleged fault is that, under the terms of the Package Travel Regulations 1992, the operator is liable for the negligence of its suppliers – in this case the Club Cettia Resort Hotel – and the improper performance of a regulated contract," Simon noted. "The personal injuries sustained by the youngster would have been avoidable had the operator and/or the hotel exercised all due care."

After compensation of £3600 was agreed, our client praised Simpson Millar. Asked to sum up the service she had received, she said: "Outstanding, helpful, friendly and much appreciated… Simon Lomax was professional and polite at all times."

Top Tips to Take Away:

  • If you're arranging a holiday abroad, make sure the booking is covered by the Package Travel Regulations 1992
  • If you're hurt as a result of faulty equipment at your resort hotel, it's likely your tour operator is responsible.

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Dated: 23/05/2014

Author: © 2014