Holiday Accident Compensation Claims
Obviously whilst on holiday you have a duty to ensure that you take reasonable care to take care of your own safety and the safety of family members. The following cases illustrate this.
The case of Brannan v Airtours CA The Times 1 2 99 - the claimant went on a party evening organised by the tour company with free unlimited alcohol. He needed to go to the toilet and to do so he climbed onto the table and struck his head on the ceiling fan in the process. He sustained a pretty nasty head injury. Airtours were found to have a duty of care in such circumstances where they were plying him with alcohol as it was foreseeable his judgement may be impaired and he was placed into a difficult position. However the claimant was found 50% to blame for the accident.
In the case of Roberts v Ibero Travel Ltd 2001 12 CL 409 a 6 year old boy who could not swim was left under the supervision of his nine year old brother, sadly without arm bands. The facts were unclear but when he was pulled out from the pool and resuscitated he was left with brain damage. The court decided that that tour operator (through the hotel) was primary liable because the pool shelved too steeply and contrary to Spanish Regulations there was no life guard in attendance. However the parents were found 50% to blame.
The standard of care in Tour Package Regulations cases is assessed by reference to local standards of the place where the holiday took place. British Safety Standards are not relevant.
Wilson v Best Travel [1993] All ER 353 QBD - established that the conduct of the supplier was to be judged in local terms not British. The claimant ran through a glass door but although the glazing complied with local standards it would not have complied with UK ones. This defence succeeded.
Codd v Thomson Tour Operations [2000] (CA) TLR 21/10/2000 ruled that local standards applied in relation to an accident suffered by a child who got his hand stuck in a lift.
It is not for the Defender to show what the standard is and that it has been complied with. The Pursuer bears the legal burden of proving fault ie we have to have evidence to show breach of local standards. We have to be able to produce evidence of what the applicable safety standard or standard of reasonable is and to prove in what respects the facility or service fell short of the applicable standard.
Victoria Aquino, Solicitor has dealt with several cases under the Tour Package Regulations. If you have had an accident whilst on holiday you should contact us on 08000 89 13 31 and one of our expert lawyers will be in touch to advise as to whether not we can assist you.