£2,630 Compensation for Fall Accident in Hotel Restaurant

Author:
Darrel Jardine
Associate Solicitor, Holiday Claims
Date:
30/07/2020

A Holiday Accident Claim Case Study – Client Situation

We helped a man who was injured in a hotel restaurant when the chair he was sat on gave way and caused him to fall backwards.

Our client had booked a holiday through On the Beach at the Blue Sea Costa Teguise Gardens in Lanzarote, and was injured while enjoying a buffet breakfast.

He’d eaten most of his breakfast, but returned to the buffet to get some yoghurt. However, when he returned to his table and sat back down on his chair, the vertical slats at the back of the chair gave way and broke.

He fell backwards and landed heavily on the tiled floor, banging his back, neck and head. Waiters on the scene came to assist straight away, as did the duty manageress, but there were no first aiders present. It was 40 minutes until an ambulance arrived and he was given proper medical treatment.

Following his return to the UK, our client continued to experience symptoms resulting from the accident, including double vision and severe headaches. As a result, he was unable to resume work as a self-employed engineer for several weeks.

How We Helped

He decided to claim compensation from the hotel, as he believed they failed in their duty to keep him safe, and he approached our Holiday Claims Solicitors for help.

Solicitor Darrel Jardine believed he had a good chance of success with his claim, as under Spanish law, our client had the right to claim for the personal injury, loss and damage he had suffered.

We obtained copies of his medical records and arranged for him to undergo an independent medical assessment from a Consultant Orthopaedic Surgeon. The specialist carrying out the assessment then compiled a report detailing his medical condition and the lasting effects his injuries have had on his life.

Our client was concussed and badly bruised in the fall, and the accident also exacerbated a pre-existing intermittent back and neck ache. Furthermore, the fall led to him developing persistent headaches. We therefore calculated an amount of compensation that reflected the severity of these injuries, as well as the impact they had on his life, such as the loss of income as he couldn’t work for several weeks.

We got in touch with the insurers of the Blue Sea Costa Teguise Gardens with details of the holiday accident claim, and highlighted reasons why we believed the hotel was at fault. Among the health and safety failings were:

  • Failing to ensure he had a chair that was safe to use
  • Not having an adequate inspection system in place regarding the restaurant seating
  • Failing to repair and/or maintain the chair in question
  • Not having a process in place to prevent chairs from becoming dangerous or defective

But, as the insurer continued to deny liability, official negotiations between Darrel and the insurer began.

The Outcome

Following negotiations, our client was offered a total of £2,630 in compensation, which he accepted. This was deemed a fair amount to compensate him for his pain, suffering and loss of holiday enjoyment, as well as the loss of income he experienced while his symptoms persisted.

For free legal advice, call our Holiday Claims Solicitors

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