Injured on a package holiday, can I make a personal injury claim?

Injured on a package holiday, can I make a personal injury claim?

 

If you, or a family member, suffer an injury on holiday due to an accident that was not your fault, you may be able to make a personal injury claim in the UK against the package holiday operator.

 

From a slip or trip in your hotel to an injury received during a day trip arranged by your holiday operator. Or from an object falling from an overhead locker on a flight to food-poisoning on a cruise ship. Accidents, injuries and illnesses can occur on holiday due to a number of reasons. The package holiday operator and their suppliers have a duty of care to you and, if this is breached, they can be liable to a holiday injury claim.

 

Steps to Make a Claim

 

Here are the steps and key points to consider when seeking to make a holiday injury claim:

1. Seek Medical Attention:
• Immediately after the injury, seek medical attention to ensure your safety and to document the injury.
2. Report the Incident:
• Inform your holiday representative or the company organising your package holiday about the incident. Make sure to get a written report of the incident from them.
3. Gather Evidence:
• Collect as much evidence as possible. This can include photos of the accident scene, your injuries, and any contributing factors. Obtain contact details of witnesses who can support your account of the incident.
4. Keep Records:
• Maintain records of medical treatment, any expenses incurred due to the injury (such as medical bills, travel costs, and lost earnings), and any correspondence related to the incident.
5. Contact a Solicitor:
• Engage a solicitor who specialises in personal injury claims, particularly those related to package holidays. They can provide you with tailored advice and guide you through the legal process.

 

Key Considerations

 

1. Package Holiday Regulations:
• Under the Package Travel, Package Holidays, and Package Tours Regulations 1992, tour operators are responsible for the proper performance of the holiday, including safety standards.
2. Liability:
• You need to establish that the injury or illness was due to the negligence of the tour operator or their suppliers. This can be due to unsafe accommodation, activities, transport, or inadequate health and safety standards.
3. Time Limits:
• Be aware of the time limits for making a personal injury claim. In the UK, you have three years from the date of the injury to make a claim.
4. Jurisdiction:
• Claims for injuries on package holidays can be made from the UK, even if the injury occurred abroad, due to the legal protection provided by package holiday regulations.
5. Compensation:
• The amount of compensation you might receive will depend on the severity of the injury, the impact on your life, and the financial losses incurred. Compensation can cover medical expenses, loss of earnings, pain and suffering, and other related costs.

 

Seeking Legal Advice

 

Consulting with an experienced personal injury solicitor is crucial. They can assess the merits of your case, help gather necessary evidence, and ensure that your claim is filed within the appropriate time frame. They can also negotiate with the tour operator or their insurance company on your behalf to seek fair compensation.

 

We would recommend you contact us or come into our Accident Claim Centre in Chesterfield to discuss your injury as soon as you can on return from your holiday or email us at claims@bannerjones.co.uk