Author: OnHolidayClaims

£7,500 Compensation After In-Flight Scalding Accident

Plane Passenger Wins £7,500 Compensation After In-Flight Scalding Accident

Our client was flying to Mexico with her husband to celebrate their 20th anniversary when a hot drink spilled on her mid-flight. She was drinking coffee from a disposable beaker during her TUI (TUI) flight, but the plastic lid was not secured.

The coffee spilled on her abdomen, her right leg, her thighs and her foot and caused considerable pain. A flight attendant reacted by throwing ice and water into her lap while she was sat in her seat, and she was then helped to the toilet, where the clothing on the bottom half of her body was removed so a burn gel pack could be applied.

Only 1 pack was available so was used to treat multiple injured areas, and the passenger was then helped back to her seat, covered by a blanket. Cabin crew gave her two more bags of ice and more gel, but the passenger didn’t get any further attention throughout the rest of the flight.

After disembarking in Cancun, the woman wasn’t looked at by a medical professional, so she contacted a local doctor the following day. She was prescribed antibiotics and continued dressing her wounds, but nevertheless, the pain persisted and she remained very uncomfortable.

The woman had to pay £150 for medication while in Mexico, and due to the continuing pain, the couple’s special anniversary holiday in the country had been completely ruined.

How We Helped

The passenger contacted our team Holiday Claims Solicitors and Associate Solicitor Paul Stevens, who specialises in his holiday accident claims, took on the case. He immediately arranged a plastic surgeon’s report, which said our client had sustained mainly second-degree burns.

Her injuries also affected her physical relationship with her husband, and she was unable to use her local gym, even though she’d paid a non-refundable subscription fee of £156. We sent details of the claim to TUI (TUI), and at first, they refused to accept that they were to blame.

The Outcome

After some negotiation, TUI (TUI) agreed to settle for £7,500, and our client accepted this offer.

Following the settlement, the client praised our service, describing Paul Stevens as very friendly, responsive to her queries and good at explaining everything in a way she could understand.

She added that she’d happily recommend Simpson Millar’s Holiday Accident Claims team to others who’d suffered an accident on holiday.

£6,500 Compensation after Slip and Fall Accident in Spain

£6,500 Compensation after Slip and Fall Accident in Spain

A 14-year-old boy was on holiday with his parents, grandmother and 3 siblings when he slipped and fell on the first day of his holiday. The family had only just arrived at the Holiday Village Benalmedena in Spain and were checking in when he slipped on a wet floor by a fountain near reception.

Since it happened so fast, he didn’t even have a chance to steady himself as he fell, and he hit his face with such force that his nose and mouth were left bleeding heavily. The 14-year-old’s mother asked for some ice from a First Choice holiday rep, but she was told that she wasn’t allowed to administer ice to any injuries.

Although the First Choice rep accepted that the tour operator was responsible for ensuring children didn’t climb on the fountain, he said it was hard to keep children away and that enforcing this rule often causes problems with parents.

The family were advised to go to a private Spanish hospital instead, where the boy was told that his nose wasn’t fractured. However, his nose was still badly swollen when the family returned to the UK, and he was referred to an ENT clinic. A specialist doctor at the clinic immediately confirmed that he did in fact have a broken nose and that he needed surgery straight away.

After undergoing a straightening procedure, his nose still wasn’t completely straight, and the family were told that more surgery could be needed to get it back to the right shape.

How We Helped

After turning 18, the teenager got in touch with our expert Holiday Claims Solicitors to make a compensation claim against First Choice.

Senior Associate Solicitor James Blower took on the case and said First Choice had been negligent because there were no warning or wet floor signs alerting people to the risk posed by the fountain.

In addition, he argued that the floor was wet because there was nothing stopping children playing on the sides of the fountain and splashing water on the surrounding surfaces.

The accident on holiday and his surgery continued to affect the boy’s life after he returned to the UK, as he couldn’t enjoy pastimes such as playing contact sports or riding his mountain bike for almost 2 months.

Riding his bicycle was something he enjoyed doing every day, and he greatly missed being unable to indulge in this hobby.

We therefore calculated a compensation settlement that would reflect both the severity of his injury and the wider impact on his life.

The Outcome

First Choice agreed to pay a compensation settlement of £6,500, which our client accepted.

Following the settlement, the boy’s mother was highly critical of First Choice, as its office at the Holiday Village Benalmedena was straight in front of the fountain.

This, she said, meant staff “repeatedly” failed to prevent children climbing and playing on it, and that it should have done more to rope off the water feature or alert people to the wet floor.

The boy’s mother went on to praise the help she got from Solicitor James Blower, adding that she would “highly recommend” our Holiday Claims team to anyone else in a similar situation.

£5,000 Compensation for Food Poisoning on Morocco Holiday

Couple awarded £5,000 Compensation for Food Poisoning on Morocco Holiday

A couple from Huddersfield, West Yorkshire fell ill just a few days into their holiday in Morocco, suffering with vomiting and diarrhoea.

They’d been enjoying a 7-day all-inclusive stay at the Medina Gardens when the symptoms first appeared, and these continued after they got back home.

After returning to the UK, one of the couple got in touch with their doctor for a medical examination. A stool sample revealed that he tested positive for Campylobacter – a type of food poisoning that’s often the result of meat and poultry being contaminated, and Shigella – a travel sickness bug often caused by infected water.

How We Helped

The holidaymakers decided to claim compensation from tour operator TUI UK Limited and approached our team of expert Holiday Illness Claims Solicitors for help.

Associate Solicitor Paul Stevens agreed to take on the case, and was able to put together a case with the help of the couple’s own observations about conditions at the Medina Gardens.

This included food being left uncovered for lengthy periods of time, not all food being cooked properly, including eggs, and fresh buffet food being mixed in with trays of older food.

The Outcome

TUI UK Limited agreed to pay separate compensation settlements to our clients for their food and water poisoning, which added up to over £5,000.

Our clients accepted this offer, as it reflected the severity of their illness and the impact it had on their lives, as well as the fact their holiday was completely spoiled. The amount of compensation was also higher than the amount they’d paid for their holiday in the first place.

Following the settlement, our clients praised the service provided by Associate Solicitor Paul Stevens, describing him as “very thorough and sympathetic when responding to any queries or concerns”.

Turkey Hotel Guest Receives £33,000 Compensation After Holiday Accident

Turkey Hotel Guest Receives £33,000 Compensation After Holiday Accident

Mrs Rawlings was enjoying a package holiday with her husband at the Alp Pasa Hotel in Kaleci, Turkey, when she tumbled down an unlit flight of stairs.

She was walking down steps leading from the first floor when she fell and broke her hip. As a result, she had to be rushed to hospital straight away.

How We Helped

Mrs Rawlings convalesced in a Turkish hospital for 10 days before being flown back to the UK.

After returning home, she contacted our expert team of Holiday Claims Solicitors. Senior Associate Solicitor James Blower took on the case on a No Win, No Fee basis, and immediately started investigating the circumstances surrounding her accident.

As part of the investigation, we spoke to a Turkish architect, who found that the design of the steps and the lack of lighting breached local safety standards. We approached tour operator Mapmart Limited and they admitted fault for the accident and the injuries sustained by Mrs Rawlings.

The Outcome

Mapmart agreed to pay Mrs Rawlings a compensation settlement of £33,000. This reflected the severity of her injury, the cost of the hospital treatment she received in Turkey and the cost of flying her back to the UK.

The sum also took into account the impact the injury had on her life over a long period of time, the inconvenience caused and the fact her holiday was spoiled. Mrs Rawlings said she was “delighted” with the outcome of the case, and described Solicitor James Blower as “courteous, friendly, patient, helpful and effective”.

“He was a patient and caring gentleman, making me feel valued,” she said. “The service was exceptional and exceeded my expectations. I can see nothing that might improve what is offered.”

£27,000 Damages for Accident on Holiday at Gran Canaria Hotel

£27,000 Damages for Accident on Holiday at Gran Canaria Hotel

Mrs Thomas was enjoying a holiday in Gran Canaria when she fell on a bridge crossing the swimming pool at her hotel. The bridge was in a poor state of repair and she sustained a broken hip in the fall.

Our client, an experienced gym goer, was using the lateral pull down weight machine when the cable snapped, sending him falling to the floor along with the pull down bar.

His shoulder was badly injured in the accident and he required extensive specialist treatment. He was also left with lasting nerve damage and neuropathic symptoms, including sharp jabbing sensations and more intense pains.

How We Helped

Mrs Thomas got in touch with our expert team of Holiday Claims Solicitors for free legal advice about claiming compensation.

Nick Harris, our Head of Travel Law and Holiday Claims, took on the case and worked with a Spanish abogado (Lawyer), as well as an architect in the Canary Islands, in order to prove that safety and maintenance standards weren’t met.

We argued that the lighting on the bridge wasn’t adequate at the time that Mrs Thomas fell over, and therefore made it hard for her to cross it safely.

Since Mrs Thomas had booked a package holiday, English Law applied to her case. However, we had to measure Spanish and Canarian safety standards in order to assess whether or not the bridge was safe.

The Outcome

Mrs Thomas’s tour operator agreed to award her £27,000 in compensation. She accepted the award, as the size of the settlement reflected the severity of her injuries and their impact on her life.

Speaking after the case was settled, Mrs Thomas praised our Head of Travel Law and Holiday Claims Nick Harris, describing him as “considerate, understanding and extremely helpful”.

“He was a patient and caring gentleman, making me feel valued,” she said. “The service was exceptional and exceeded my expectations. I can see nothing that might improve what is offered.”

Mrs Harris added that the service she received was “efficient, professional and sensitive to the nature of my claim”.

£16,000 Compensation Awarded after Accident at Apollonian Resort & Spa

£16,000 Compensation Awarded after Accident at Apollonian Resort & Spa

A man was staying at the Apollonian Resort & Spa on the Greek island of Kefalonia and enjoying the gym facilities when he was badly injured.

Our client, an experienced gym goer, was using the lateral pull down weight machine when the cable snapped, sending him falling to the floor along with the pull down bar.

His shoulder was badly injured in the accident and he required extensive specialist treatment. He was also left with lasting nerve damage and neuropathic symptoms, including sharp jabbing sensations and more intense pains.

How We Helped

After returning to the UK, the man asked our Holiday Claims Solicitors to help him claim compensation from tour operator TUI.

We accepted the case and argued that the accident could have been avoided if the hotel facilities had been adequately maintained. In particular, we stressed that Apollonian Resort & Spa had failed to ensure the gym equipment was safe to use, as it hadn’t carried out repairs and kept it in good working order.

Furthermore, regular maintenance hadn’t been carried out, and steps hadn’t been taken to prevent guests from using unsafe equipment. This, we said, meant TUI hadn’t exercised the degree of skill and care that would reasonably be expected of them and their suppliers, and that local safety standards had been breached.

The Outcome

TUI agreed to settle with the client out of Court, paying a compensation award of £16,000. This reflected the severity of his injury, the loss of enjoyment of his holiday, medical expenses and the wider financial impact of the accident.

£14,000 Compensation for Salmonella at Riu Touareg, Cape Verde

£14,000 Compensation for Salmonella at Riu Touareg, Cape Verde

Our client went on an all-inclusive holiday with her partner to the Riu Touareg hotel in Boa Vista, Cape Verde, which was booked through Thomson Holidays. But one morning several days into her holiday, she fell ill with crippling stomach pain.

As the morning went on, she started to suffer from diarrhoea, a sore throat, a bad headache and aches across her whole body. She took Imodium and Paracetamol, but these were ineffective and her symptoms continued. She tried to carry on enjoying her holiday, but her condition got worse, as she started developing flu-like symptoms, red eyes, back pain and loss of appetite.

As a result, our client couldn’t enjoy activities such as going to the beach, and was forced to stay by the pool just so she could be close to the toilet in her hotel room. Despite her symptoms, she was hopeful that her illness would only last for a few days, and therefore didn’t complain to her holiday rep or seek medical assistance.

However, her condition didn’t improve and she deteriorated rapidly on the flight back to the UK, when she was struck with severe vomiting and diarrhoea, stomach cramps and bloating. After returning home, she went straight to her doctor and provided stool samples.

These tested positive for Salmonella, and she was forced to take several weeks off work as a result of her illness, as she remained violently ill and in lots of pain. Her absence coincided with the Christmas period, the busiest time of year at her place of work, and she was forced to cancel festive lunches, meals and parties that had been paid for, as well as her plans for Christmas Day.

After returning to work, her symptoms meant she had to work from home several times a month for 6 months, which she believed led to her missing important meetings and professional development and promotion opportunities.

As she continued suffering with gastric problems, she was eventually booked in for a colonoscopy, which found she was suffering with Post Infective IBS. The condition and her various symptoms impacted severely on her social and family life, as she didn’t feel confident being in the car for any length of time or going out for meals and drinks with friends.

How We Helped

Our client believed food storage and preparation issues at the Riu Touareg’s buffet led to her illness, and therefore held Thomson Holidays responsible.

She approached our team of Holiday Claims Solicitors for help with claiming compensation, and Associate Solicitor Paul Stevens agreed to take on the case. Paul arranged an independent medical assessment for our client, so we could identify the likely causes of her illness, outline the impact it has had on her life and value her claim.

Our client told us that buffet food at the Riu Touareg was left out uncovered in the restaurant, and that she didn’t see staff probing the food to check the temperature at any stage.

She also pointed out that some of the hard boiled eggs she had at breakfast appeared to be undercooked. Significantly, she and her partner had largely eaten the same meals before she fell ill, with the exception of the boiled eggs, and he didn’t suffer any gastric problems.

We approached Thomson Holidays for suitable compensation, arguing that prior to the holiday, she had been fit and healthy, whereas her illness ruined her holiday and subsequently had a big impact on her life, both physically and mentally.

Indeed, our client noted that the second half of her holiday was ruined as a result of the illness, both for her and her partner, while her work and social life were affected after she returned home from Cape Verde, and continues to be today.

The Outcome

Thomson Holidays agreed to pay our client a total of £14,000 in compensation.

£12,750 Compensation for Accident at Menorca Hotel

£12,750 Compensation for Accident at Menorca Hotel

Author: Simon Lomax | Date: 2nd July 2019

A holidaymaker at the Hotel Insotel Punta in Menorca, Spain suffered a severe ankle injury when he tripped and fell on a raised, cracked and defective patio slab at his accommodation.

The pain was so severe that a doctor immediately referred him to a local hospital, where he was diagnosed with a rupture in his right Achilles tendon. He had to undergo an operation to repair the tear and spent a week convalescing in the Spanish hospital, before being discharged with a plaster splint.

After returning home, he was unable to bear weight on his ankle for at least 3 months, and had to visit his doctor and a fracture clinic for check-ups several times. His injury also affected his lifestyle and daily routine, as he couldn’t even perform various jobs in the house or go shopping.

How We Helped

The injured holidaymaker got in touch with our team of expert Holiday Claims Solicitors to seek compensation from tour operator TUI, both for his holiday being spoiled and the injuries he sustained.

After taking on the case, we contacted the tour operator, arguing that under the Package Holiday Regulations Act 1992, it was responsible for all aspects of the package holiday, including the hotel’s state of repair.

We then arranged for our client to be examined by a medical expert, who compiled a report confirming his injuries and stating that it could take up to 3 months for him to recover. However, the report also warned that it could take almost 2 years for him to regain his full strength and confidence.

The Outcome

Our client was eventually awarded £12,750 in compensation. TUI had continued to deny liability (fault) after the medical report was issued, but 3 months later, the company’s insurers did finally admit they were responsible.

£10,000 Compensation for Accident at Portugal Holiday Hotel

£10,000 Compensation for Accident at Portugal Holiday Hotel

Our client was enjoying a holiday at the Vila Gale Marina Hotel in Vilamoura, Portugal when she fractured her wrist in a fall at the hotel reception.

She was walking along a marble floor in the reception area, but the surface was still wet after being recently cleaned, and she slipped and fell. As a result, she had to undergo X-rays at the local hospital in Faro, which found that her wrist had been badly broken and that pins would have to be inserted.

A general anaesthetic was administered and she underwent the operation that was required. However, her fingers were so swollen that her wedding ring couldn’t be removed and had to be cut off instead.

How We Helped

After returning to the UK, she got in touch with our team of Holiday Claims Solicitors to claim compensation from tour operator Thomas Cook.

The tour operator’s legal representatives denied responsibility at first, and said our client would have to prove that Portuguese health and safety standards hadn’t been met. We responded by arguing that yellow warning signs should have been displayed after the hotel reception area was cleaned.

Furthermore, we pointed out that light from the windows created a reflection that was hidden from our client’s view, therefore making the floor even more dangerous.

Thomas Cook refused to acknowledge that not displaying warning signs in the reception area represented a breach of Portuguese health and safety standards. However, Our Holiday Claims Solicitors stressed that the issue of safety standards wasn’t solely based on whether local rules or technical building codes had been followed.

We insisted that questions of local custom and practice also needed to be considered, as did the general principles of local law that outline what standards can reasonably be expected in a holiday hotel. Since Thomas Cook denied liability, the case went to Court.

The Outcome

The tour operator eventually agreed to settle, awarding our client £10,000 plus legal fees. Thomas Cook could have paid out considerably less in legal fees if they’d chosen to deal with our client’s claim straight away, but thankfully, the delay didn’t lead to our client losing out.

£8,500 for honeymoon couple who contracted Salmonella

£8,500 for honeymoon couple who contracted Salmonella at the Houda Golf and Beach Hotel in Tunisia

We have successfully secured £8,500 in compensation for a newlywed couple who contracted Salmonella while staying at the Houda Golf and Beach Hotel in Tunisia for their honeymoon, during which they say that they encountered concerning hygiene practices.

The Houda Golf and Beach Hotel in Skanes

At the time of our client’s honeymoon, the Houda Golf and Beach Hotel was advertised by Thomas Cook on an all-inclusive basis. Situated in the Skanes region of Tunisia, the Houda should have made for an ideal honeymoon destination, but disaster soon struck.

Honeymoon hygiene concerns

It didn’t take long for our clients to become aware of potential hygiene issues at the Houda Golf and Beach Hotel. They informed us that they noticed that while there was a system to keep buffet dishes warm with hot water (such as a bain-marie), food such as cooked chicken was often served lukewarm.

They say that they saw members of the hotel kitchen staff mixing old food with new and that when staff members lifted dishes from the buffet, the water that was intended to keep them warm would drip into the dishes that still contained food. They also say that cold food wasn’t chilled and was just left out at room temperature, adding that they didn’t see temperatures being checked during their stay.

Despite zappers being in place, our client says that there were lots of flies in the restaurant dining areas, and they also say that they saw a member of the hotel staff cleaning surfaces and then returning to food preparation without washing their hands.

Severe gastric illness in Tunisia

Two days into their stay at the Houda Golf and Beach Hotel, our client advised that they started to experience stomach illness symptoms, starting with stomach discomfort, followed by loose stools and cold sweats. They informed us that the next day they began to experience severe stomach painsheadaches, as well as further cold sweats and diarrhoea, which at one time resulted in our client passing a stool that resembled dark black water.

Soon after this, their partner became unwell and as a result of their symptoms, they became very dehydrated and fatigued, leaving them unable to enjoy their honeymoon as they had intended, as well as losing a noticeable amount of weight.

Their illness affected the remainder of their holiday and continued once they returned to the UK. Although they did try to return to work once they got back, doing so left them in debilitating pain, meaning that they had to take time off, resulting in a loss of earnings.

Compensation awarded following Salmonella diagnosis

Because their condition wasn’t improving, they went to see a GP and provided a stool sample for testing, after which they were prescribed medication for their symptoms. They were later contacted and advised that their stool sample showed that they had contracted Salmonella.

After instructing us to represent them, they were awarded compensation totalling £8,500. This took into account the severity of their illness, their loss of earnings and the impact it had on what should have been a special occasion, as well as recognising the long-term effects the illness had on our client’s health and quality of life.

Salmonella causes and what to do if you’re sick abroad

Salmonella can be caused by a wide range of different of hygiene issues. It’s often spread by faecal matter contamination, which can occur when flies land on uncovered buffet food or poor hygiene practices are followed. The Salmonella bacteria can also naturally occur in certain types of food, and in these instances, infection can occur when dishes aren’t cooked thoroughly enough or stored in a temperature controlled environment before being eaten.

If you suffer symptoms such as stomach paindiarrhoea (which may be bloody or dark in colour), vomitingnauseaheadaches and fevers and/or chills, then you may have contracted Salmonella. It’s important to see a medical practitioner if you suspect that you’ve been infected, and request that they carry out a stool sample test so that you can be accurately diagnosed. Once you return to the UK, contact a travel law specialist.