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

Author: James Blower | Date: 28th June 2019

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.

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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.

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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.

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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.