Personal Injury on Holiday

Simpson Millar LLP’s Holiday Claims Specialists assist people to recover compensation when they sustain a personal injury on holiday abroad.

Medical Kit on Wheels - Personal Injury Claims Rescue

There are numerous ways that accidents happen abroad and some typical examples of accidents that occur during holidays that lead to personal injuries include:

  • Slips on wet floors in hotels or on cruise ships
  • Trips on uneven floors or caused by carelessly discarded obstacles
  • Broken furnishings which cause personal injuries to hotel guests
  • Swimming pool diving accidents and cuts to feet caused by broken tiles
  • Coach and taxi transfer collisions
  • Electric shocks
  • Falling items from overhead lockers on airplanes

Compensation for a Personal Injury on Holiday

Your tour operator is responsible for your safety when you travel abroad on a package holiday.

Should you suffer a personal injury abroad due to no fault of your own and through the neglect of, for example, your hotel or airline then your tour operator is likely to be liable to pay compensation to you.

Providing your holiday was a proper package holiday you have 3 years to claim compensation from your tour operator. Children have 3 years from the date they reach 18 years of age.

There are some exceptions. For example if your accident happens on an aeroplane or a cruise ship then the time limit is usually reduced to 2 years.

If you have suffered an injury abroad on holiday you can claim compensation for your ruined holiday and any financial losses you may have sustained, such as loss of earnings.

Also, you are entitled to receive a lump sum for your pain and suffering.

Typical awards for pain and suffering made by the courts in 2011 include:

  • £8,250 to £16,100 for a wrist injury which results in some permanent disability such as stiffness and some ongoing pain
  • Up to £9,000 for a fracture or ligament tear of the ankle which may result in difficulty walking on uneven ground or negotiating stairs and leaving some scarring
  • £2,850 to £5,150 for a minor soft tissue or whiplash injury to the neck where a full recovery is made around 2 years after the accident

Get In Touch

Nick Harris - Head of International Travel Law - Manchester

Nick Harris
Head of Holiday Travel Claims (Consumer)

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