Where Was the Accident?
For the organiser of your package holiday to be held responsible for your accident you will have to establish that it happened either at your hotel or on a trip or other holiday activity that was booked as part of the package. The types of accident claim that are covered include, for example, slips or trips on wet or uneven floors and surfaces in the hotel and claims for food poisoning. Accidents that occur outside of the holiday complex, such as those that occur on an activity booked with an outside operator or as a result of a traffic collision, will not be the responsibility of the package organiser.
How Did the Accident Happen?
To be able to make a claim in respect of an accident in the circumstances described above it will be necessary to show that you were not personally to blame. If, for example, you were in breach of one or more of the hotel’s safety rules, ignored clear safety guidance or had an accident because you were intoxicated you may not be able to claim at all or any compensation you receive may be reduced. To make a claim you will need to show that the package organiser or the hotel and/or its members of staff were negligent in some way. The hotel should be kept in a good state of repair and if an accident is caused because it has not been maintained properly or there are inherent dangers that are not attended to, it is likely that the organiser will be held liable.
There are numerous circumstances in which an accident can occur whilst you are on holiday and if you are in any doubt about whether you can make a claim you should take advice from an experienced personal injury lawyer. As long as you can show that the accident is covered by the regulations and was the fault of the organiser or the hotel, you may well be able to make a successful claim against the organiser when you return to this country.
Please contact us now if you would like to speak to a solicitor in confidence about making a claim for compensation.