How the Supply of Goods and Services Act 1982 Affects Swimming Pool Claims


The Law Of… claiming for swimming pool holiday illnesses

Our travel law team helps holidaymakers to claim compensation for illnesses and injuries that could have been prevented, and while many holiday claims are straightforward, there are certain nuances to travel law that affect your right to claim compensation, particularly in the case of swimming pool illnesses.

We explain how the Sales and Goods and Services Act 1982 can affect your rights and the law of swimming pool holiday illness claims

What Does The Law Say?

When claiming for a gastric illness on holiday, the Supply of Goods and Services Act 1982 and regulation 15 of The Package Travel Regulations 1992 work in your favour, as certain terms are implied into your contract with your tour operator as a matter of law.

This means that as part of the contract that you form with your tour operator by purchasing an all-inclusive package holiday, they are obligated to provide food, drink, and bathing facilities that are safe and fit for use and human consumption, as well as meeting a satisfactory quality.

While this has been proven in historic cases such as Kempson & Kempson v First Choice, as well as Antcliffe v Thomas Cook Tour Operations [2012], and more recently by the Court of Appeal case of Wood v TUI [2017] EWCA Civ 11; if the source of your illness was a swimming pool or a source of water other than what was intended to be consumed, then different considerations may apply, but your tour operator is still expected to exercise reasonable care and skill to ensure your safety.

Evidence is Still an Important Part of Making a Claim

Many swimming pool injury claims are caused by poor pool maintenance.

In these types of cases, we usually find that a laceration was caused by broken or loose tiles or if they fractured a bone due to falling on a slippery surface around the pool area of an all-inclusive hotel.

When these injuries occur; evidence is vital in proving that negligence was the cause of injury, making it imperative to act quickly by taking photographs or recording video to ensure that both the cause and extent of your injuries are recorded, potentially before an hotelier covers up their mistake.

Financial Impact of a Swimming Pool Accident or Illness

There can be further repercussions that stem from a swimming pool illness, beyond the obvious impact on your holiday enjoyment.

You could find that you have to pay unexpected medical bills, or that the medication you require abroad is extortionately expensive, or you could even find yourself in a situation where you're unable to return to work and earn an income.

Why Swimming Pool Illness Claims Are Different

For claims that are made on the grounds of a waterborne infection, the process of claiming compensation can be more complicated. This is because of the way that swimming pools are classified under British law.

The provision of a swimming pool can be argued to be a service, and therefore by using the pool at your all-inclusive hotel, it can be argued that no transfer of goods has taken place. This means that unlike in instances wherein you have paid for a meal and suffered from some form of food poisoning, the Supply of Goods and Services Act 1982 may not apply.

This could mean that claiming compensation after suffering the effects of pathogens such as Giardiasis and Cryptosporidium, all of which can still result in the debilitating symptoms of diarrhoea, nausea, headaches, and vomiting, might not be as obvious as it initially appeared to be.

Why It's Important To Speak To a Holiday Illness Claim Specialist

Because the law concerning swimming pool illness claims might not be as obvious as it appears to be; if you contract a harmful strain of bacteria or a parasite from a swimming pool at an all-inclusive resort, it's advisable to get some advice from a specialist in travel law.

At Simpson Millar, our holiday claims specialists have an in-depth understanding of travel law, as well as previous experience of providing the big tour operators in the UK with legal representation. Because of this, we know which approach to take when claiming compensation.

Find Out If You Have a Case against Your Tour Operator

If you want to find out how we can help you claim holiday illness compensation that you could be entitled to, just get in touch and we'll provide you with a free no-obligation consultation, during which we can advise you of the best course of action to take, and whether we can represent you on a 'no win no fee' basis.

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