£12,750 Compensation for Accident at Hotel Insotel Punta, Menorca

Author:
Simon Lomax
Manager, Holiday Claims Lawyer
Date:
10/07/2019

A Holiday Accident Case Study - Client Situation

Our client suffered a severe ankle injury in an accident on holiday at the Hotel Insotel Punta in Menorca, Spain. He had booked an all-inclusive package holiday through Thomson, but had tripped and fallen on a raised, cracked and defective patio slab in the hotel.

The pain was so bad in his right ankle, that a Spanish doctor referred the man to a local hospital, where he was examined and diagnosed with a rupture in his right Achilles tendon. To repair the tear, the man underwent an operation and following a week-long stay in the Spanish hospital, the man was discharged from the care of the Orthopaedic team with a plaster splint.

Such was the severity of his injuries, the man was unable to bear weight on his ankle for at least 12 weeks after returning to the UK. In addition, he attended his GP and the Fracture Clinic on several occasions for check-ups. His lifestyle and routine were badly affected, requiring domestic assistance and shopping to be delivered.

How We Helped

Our client initially contacted Simpson Millar for help winning compensation from tour operator, Thomson, for his injuries and loss of holiday enjoyment.

Our Holiday Claims Solicitors sent a letter to Thomson stating they were at fault. Under the Package Holiday Regulations Act 1992, they were responsible for all aspects of the package holiday.

We obtained a medical report that confirmed the injuries our client had sustained. In this report, it was advised that recovery could take up to 3 months, but it could take nearly two years to rehabilitate and build up strength and confidence again.

The Outcome

Not long after this medical report was issued, Thomson disputed liability (fault), claiming that the man was partly responsible for the accident. It was a further 3 months before Thomson’s insurers finally admitted full liability. The client was awarded £12,750 compensation.

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