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Holiday Accident Claims – Elbow Injuries – Recent Awards Revealed

Have you had an accident and injured your elbow while on holiday abroad? Simpson Millar have lawyers that specialise in making holiday accident compensation claims against UK tour operators and can help you if you have damaged your elbow at a hotel that formed part of your package holiday.

Every year people injure their elbows on holiday abroad due to failures at the hotels sold to them by UK holiday tour operators. Elbow injuries are particularly common when people slip as opposed to trip because the natural inclination is to put our elbows out first to prevent injury.

Common holiday accident claims we receive involve slipping accidents due to wet floor surfaces – which have been wet mopped and not dried and left without any warning signs alerting to the danger.

My Holiday Accident Happened Abroad – Can I Claim?

The answer is yes in a lot of circumstances. If the hotel where your accident happened was part of a package holiday you can pursue your holiday company (or in some instances your travel agent) if someone is at fault.

The Package Travel Regulations enable you to pursue your holiday accident claim against your tour operator. Your tour operator is under a duty to take care of you and ensure the hotels they feature are reasonably safe.

Here are some typical examples of holiday accident claims we have handled illustrating how people sustain elbow injuries at their foreign hotel accommodation:

  • Falling down hotel steps with no handrails
  • Slipping or tripping on steps that are uneven and have no non-slip treads (particularly common near swimming pools)
  • Slips on grease or other spillages in hotel restaurants because floor surfaces have not been cleaned properly
  • Injuries sustained during games or sporting activities ran by hotel staff or holiday reps

How much compensation for my holiday accident claim?

It depends how badly you hurt your elbow. If the hotel company admits responsibility and you may well be looking at a figure for your holiday accident claim way in excess of £2,000 just for your pain and suffering.

There were a host of elbow injury accident claims decided recently including:

A young girl who was awarded £10,500 in compensation damages when she sustained a swollen and bruised elbow (amongst other less serious injuries) [H (A CHILD) v ALCOCK (2009)].

A shop assistant who suffered a blow to his elbow received £7,500 in compensation following a road traffic accident [MCLOUGHLIN v SELVER (2009)].

A Car Marshall was awarded £2,300 for a ‘modest’ injury to soft tissue and the tendon of his right elbow [NOONAN v DUNWOODY (2008)].

There are many other aspects of compensation you can claim for in addition to an award for pain and suffering - such as loss of holiday enjoyment and distress if your holiday was ruined; care from family members if you needed help following your accident; loss of earnings.

Simpson Millar’s Unrivalled Holiday Accident Claims Team

If your claim is accepted by Simpson Millar’s Holiday Accident Claims Team, you will have access to unprecedented holiday legal services in terms of experience. The senior members of the Simpson Millar legal team spent years working for the legal teams of UK tour operators and understand how to win holiday accident claims.

Freephone: 0808 145 1353 or drop us a line using the form above.

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Dated: 26/01/2011

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