Our client was enjoying a holiday with 4 friends in Costa Teguise, Lanzarote and one day, they visited the Aqua Park in the resort. Before climbing the steps to the top of one of the water slides, he collected a foam mat to take with him, and a lifeguard instructed him to lie on the mat chest first with his head looking forward and feet together.
He would then hold on to the handles on the side of the mat and go. The enclosed waterslide was pitch black inside, so he couldn’t see where he was going, but was aware he was descending at a fast rate through a series of bends and turns.
Roughly halfway down, the slide took a sharp left-hand turn, but without warning, his head collided with the side of the tube.
He was fully conscious when he exited the slide and hit the water, but was very dazed. One of the lifeguards who was stationed near the exit spotted that he was disorientated, as he was staggering after attempting to get out the pool, so came to assist.
At this point, our client put his hand to his head, and realised he was bleeding. A doctor arrived a short time later and he was taken to the infirmary, where his wound was attended to. His friends then drove him to Lanzarote Hospital in Porto del Carmen, where a nurse examined him, took photographs of his injury and sent him to a specialist for a second opinion.
Our client found this a distressing experience, as there was a significant language barrier, so he didn’t really know what was happening. He was placed in intensive care, where doctors gave him internal and external stiches. The surgery was done under general anaesthetic, which our client found very frightening.
He was advised to stay out of the sun and water for the remainder of his holiday, and while he tried to enjoy the rest of his holiday, he still didn’t feel 100%.
After returning to the UK, he went to see his GP, who advised him to get his injury checked in hospital. Staff at the A&E Department at Southend Hospital were happy he had been appropriately treated in Lanzarote and showed no concern, and the stitches eventually fell out over a 2-week period.
However, he was still left feeling a little dizzy and struggled with his words. Furthermore, he found it painful to sleep on his left hand side, and was also left with a very noticeable scar.
This, he believes, has affected his ability to secure job opportunities as an aspiring actor, and while the injury has healed, the scar itself is still very sensitive. He has become very self-conscious of the scar and even avoided going to social events as a result.
How We Helped
He felt the personal injury and losses he had suffered as a result of the accident were because the Aqua Park was negligent. He contacted our Holiday Claims Solicitors for a free consultation and legal advice about claiming compensation.
Our Holiday Accident Claims team felt they had a strong case and agreed to represent him in his claim. We arranged a medical assessment for our client, so an independent specialist could identify his injuries and the lasting effects of the accident on his life.
This could support documentation provided by our client, including photographs of his injuries taken shortly after the accident and documents from the hospital in Lanzarote where he was treated and from Southend Hospital.
With a comprehensive picture of his medical status in place, we could approach the Aqua Park’s insurer with the claim and outline what mistakes we believed they had made. These included a lack of or inadequate warnings about the risk posed by the sharp turn in the slide and not ensuring the slide was adequately functioning or maintained.
This was contrary to local law, and it was incumbent on the Aqua Park to take measures to manage and reduce the risk of guests colliding with the side of the slide on the turn.
Our client was awarded a total compensation settlement of €7,500. This compensated him for his pain, suffering and loss of amenity, as well as additional costs he had incurred. For example, he had racked up considerable charges to his phone bill as he made lots of calls back home following his accident, which added up and caused him significant stress.
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