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£12,750 win for ankle injury at the Hotel Insotel Punta, Menorca

A holidaymaker has won £12,750 from TUI Holidays after suffering a severe ankle injury requiring an operation and hospitalisation, whilst staying at the Hotel Insotel Punta, Menorca.

The gentleman had booked an all-inclusive package holiday through TUI for a well-deserved break. However, when on holiday he tripped and fell on a raised, cracked and defective patio slab in the hotel.

He immediately suffered pain in his right ankle, which was so bad that a Spanish doctor referred him to the local hospital for treatment. The Spanish hospital examined the holidaymaker’s ankle and carried out an ultrasound. The man was then diagnosed with a rupture in his right Achilles tendon.

Compensation claims

He was admitted under the care of the orthopaedic team and had an operation to repair the tear. He stayed in the Spanish hospital for 1 week and was then discharged with a plaster splint.

Upon returning to the UK, the man attended his GP and Fracture Clinic on a number of occasions for check-ups. He was unable to bear weight on his ankle for at least 12 weeks after.

The injury had a significant effect on his daily lifestyle and routine. He required domestic care and assistance, his household shopping had to be delivered and he had to employ a gardener.

The holidaymaker approached Simpson Millar for help with winning compensation from TUI for his injuries and loss of holiday enjoyment. A letter was sent to TUI Holidays alleging fault, as they were responsible for all aspects of the package holiday under the Package Holiday Regulations 1992.

We obtained a medical report which confirmed the injuries the holidaymaker had sustained at the Hotel Insotel Punta, Menorca. The report also advised that recovery would take up to 3 months but rehabilitation, muscle strength and confident walking would take from 1 year to 18 months.

Soon after this report, TUI claimed that the man was partly to blame for the accident - however 3 months later, TUI’s insurers admitted full liability. We were able to secure a £12,750 win for the man.

Dated: 17/06/2013