Archive for the 'Holiday accidents' Category

If you have accidents on holiday (either in the UK or abroad) and want to pursue personal injury claims, as long as the “holiday package” was booked through a tour operator in the UK and what you were doing at the time of the accident was part of that package, then you may be able to make an injury compensation claim against the tour operator for your injuries and any related financial losses.  In this situation the personal injury compensation claim would fall under the jurisdiction of the Courts of England and Wales and can therefore be handled by any UK solicitors experienced in personal injury claims

Under the Package Travel, Package Holidays and Package Tours Regulations 1992 a tour operator can be held responsible for all of the services provided as part of a package holiday.  This can include:-

A man who was unable to work for 5 months after being trampled by a herd of cows is to receive over £10,000 in personal injury compensation from the negligent landowner.

Inspector Chris Poole made his injury compensation claim for injuries including a punctured lung; 4 broken ribs and a severed artery, which he suffered when he was crushed by a herd of around 30 cattle while walking his dog on the Sussex Downs.

Roads present a dangerous challenge, especially when you have to cope with icy roads, bad weather and increased congestion caused by seasonal holiday traffic, not to mention the reckless behaviour of drivers who may have been drinking alcohol or distracted by a phone call.  One lapse in concentration and you could become involved in a road accident claim.

10,000 road accidents occur every day, which result in 300,000 injuries, and many of these incidents ending up with road accident claims being made against the negligent driver.  Factors leading to accidents include vehicle failure and the poor condition of the roads themselves, but 90% of accidents are as a result of human error.

Published in Truckstop News July 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “ACCIDENTS ON HOLIDAY - HOME AND AWAY”.

If you were on holiday either in the UK or abroad and had an accident, as long as the “holiday package” was booked through a tour operator in the UK and what you were doing at the time of the accident was part of that package, then you may be able to claim compensation against the tour operator for your injuries and any related financial losses.

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

A rambler who suffered injuries when walking on a rickety footbridge has won £3,000 in her accident compensation claim.  Mrs B Green was walking along a public footpath at Combe Haven Valley Nature Reserve, and as she went over a wooden bridge a section of the planking collapsed.

As a result of the accident Mrs Green suffered factures to her 2^nd and 3^rd metatarsals, cuts to her shin and bruising to her groin.

The local council defended the accident claim, stating that she should have seen the defect and stepped over it.  However, they admitted having no formal inspection regime for the bridge as it was in a rural location.

All inclusive cruises and foreign holidays are more popular now than ever, but people may not realise the action they can take if they suffer an injury or become ill while abroad.

If an accident happens, it may be possible to make a personal injury claim under English law if any holiday lasting for more than 24 hours was bought as a package for an inclusive price, and comprises at least 2 of the following items - transport (eg by road, rail, sea or air), accommodation, other tourist services (eg a pre-booked excursion or activity).  The same applies if a medical condition or illness is suffered, such as food poisoning. 

Holiday makers staying at a hotel in Torremolinos, Spain have again fallen prey to a major outbreak of illness, only weeks after hundreds of former guests succeeded in their claims for personal injury compensation, resulting in a total payout of around £2.5 million. 

Reports of the latest outbreak saw guests staying at the hotel during January and February 2008 suffering with illness, including gastric complaints, severe diarrhoea and vomiting.

Allegations have been made of poor hygiene conditions at the hotel, including reports that undercooked food was left out for long periods of time.  Holiday makers also indicated that the floor of the restaurant was dirty.