What happened
Our client was staying at the Sertil Royal Forest Hotel in Ölüdeniz, Turkey, with her husband on a package holiday booked through On the Beach. On the first full evening of their holiday, at around 8pm, the couple were walking from their room to the main hotel restaurant to have dinner. Their natural route took them past the pool area, across a path made up of individual paving stones laid into the grass in a stepping-stone arrangement. As her husband stepped onto one of the stones ahead of her, it rocked and shifted under his weight. This caused the stone to lift unevenly, exposing a raised edge. Our client, walking just behind, caught her foot on the elevated edge, stumbled, and fell heavily to the ground.
She was in immediate pain and distress. Guests and staff came to help, and the hotel’s on-site doctor was called. An ambulance was arranged, and she was transported by stretcher to a nearby hospital.
At the hospital, doctors confirmed she had suffered a fracture to her left ankle, specifically, an avulsion fracture of the lateral malleolus, also known as a Weber A fracture. This type of injury is often caused by a sudden twist or impact to the ankle. She was treated with a plaster cast followed by a boot, and needed weeks of rest and recovery when she returned to the UK.
Legal and practical challenges
The hotel denied any responsibility for what had happened. They did not provide any documents or information that might have helped explain the condition of the paving stones or how the area had been maintained. We instructed a local standards expert with knowledge of Turkish regulations to assess whether the path was safe and compliant with local laws.
Although the incident happened in Turkey, the claim could be brought in the UK because it was a package holiday organised through a UK-based provider. Under the Package Travel and Linked Travel Arrangements Regulations 2018, tour operators in the UK can be held legally responsible if a customer is injured abroad due to the poor standards or unsafe conditions of a hotel they arranged.
This legal protection is important for holidaymakers, because it means they can bring a claim under English law without having to go through a foreign legal system. That said, we still needed to rely on evidence about Turkish safety standards to prove that the paving stones were unsafe by local expectations.
To support our legal arguments, we also needed strong evidence that the paving stones posed a real risk to guests and had not been maintained to a safe standard. Thankfully, our client and her husband were able to gather helpful visual evidence.
Visual evidence of the hazard
After the accident, our client and her husband were able to take photographs and videos of the area where the fall occurred. These images clearly show a path made of separate concrete paving stones laid across a grassy area near the hotel’s swimming pool and leading towards the restaurant. The evidence suggested that the paving stones were not properly secured into the ground, creating a clear tripping hazard.
The photographic evidence became a key part in assessing the prospects of winning and bringing the claim. It helped demonstrate not only the poor condition of the path, but also the fact that it was part of the main walking route for guests heading from the accommodation to the hotel’s facilities. This supported our argument that the hotel should have ensured the path was safe for visitors and regularly maintained.
The hotel did not share any CCTV footage of the incident, even though cameras were clearly visible overlooking the area. Our client’s husband had the foresight to take a video showing the location of the cameras, which proved helpful in showing that footage should have been available. The fact that this footage was never produced further strengthened our client’s position. The case did not go to a trial as it settled out of court. However, if the case had gone to trial and the facts of the accident been disputed, we could have asked the court to interpret the missing CCTV footage in a way that supported our client’s case.
The importance of gathering evidence
If you are injured whilst abroad, gathering evidence at the time can make a real difference to any claim you later decide to bring. Photographs or videos taken shortly after the incident can help show exactly what the conditions were like and whether safety measures were in place.
One helpful tip for other holidaymakers is to take photographs or a short video of any CCTV cameras near the accident site if you are able to do so safely. This can be useful later if the hotel or tour operator claims that footage is unavailable or fails to provide it.
Even a few clear images can help demonstrate what caused the accident, how visible the hazard was, and whether it was located in a high-traffic area. This type of evidence is often more reliable than written accounts alone and can support your legal case if responsibility is disputed.
The outcome
We pursued the claim against On the Beach on the basis that they had failed to provide a holiday that was safe and as described. Despite the defendant denying liability, we continued to build a strong case and presented detailed evidence from both our client and our local expert.
Our legal team used medical records, photographs and video footage gathered by our client, along with expert opinion on Turkish health and safety standards to build a case. This gave us a solid foundation to negotiate from. Eventually, without the need for a court trial, we secured a very decent settlement for our client. This compensation took into consideration the impact of the accident and covered:
- The pain and suffering caused by the ankle fracture
- The loss of enjoyment of the holiday, including missed activities and time in hospital
- The care and assistance provided by her husband during recovery, even though this was unpaid
- Loss of earnings and any out-of-pocket expenses she faced as a result of her injury
How the compensation will help our client
Whilst no amount of money can reverse what happened, the settlement has helped to ease the financial impact of the injury. It has covered medical expenses and supported her recovery, as well as recognising the distress and disruption the accident caused. The case also gave our client peace of mind in knowing that what happened was taken seriously and that accountability was pursued on her behalf.
Our client expressed her satisfaction with Simpson Millar and the service provided in a Trustpilot Review:
‘‘’Paul Stevens led the way - he gave me good advice regarding my compensation claim. Paul always explained things in detail, without too many legal words and descriptions. With the help and professional guidance of Paul, I won my claim. I would highly recommend this company if you want to pursue a compensation claim.’’
How Simpson Millar can help if you’ve been injured on a holiday
From the beginning, our Holiday Accident Claims Solicitors worked to make the process as straightforward as possible for our client. We kept in regular contact and explained each step of the claim in plain, simple language so she always felt informed and involved.
We understand that being injured abroad can be an overwhelming experience, especially when the hotel or tour operator is unhelpful or refuses to take responsibility. Our team took care of the entire claim process with our client in mind, so that she could focus on her recovery. Even when the hotel failed to provide key documents or CCTV footage, we remained determined to fight her corner and pushed forward with the evidence we had.
Our client later told us that she appreciated how clearly we explained everything and how supported she felt throughout. Her positive review reflects our commitment to making legal support accessible, human, and focused on what matters most to each person we help.
If you or a loved one has been injured on a package holiday abroad, you may be entitled to compensation. Our Holiday Accidents Abroad team can offer you free initial consultation and let you know where you stand, and if you might be able to make a claim. Call us today on 0808 239 5461, or request a callback to speak with one of our experienced Solicitors.
