Category: Greece

£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.

£9,000 awarded to holidaymaker who suffered back injury

£9,000 awarded to holidaymaker who suffered back injury at the Marbella Corfu Hotel

We were contacted by a holidaymaker who suffered a back injury following an accident at the Marbella Corfu Hotel. Her injuries included fractures to her vertebrae and were so severe that at one stage there was uncertainty over whether she would be able to fly home, but following our representation, she was awarded £9,000 in compensation.

Marbella Corfu Hotel in Aghios Ioannis Peristeron

Currently advertised as the Marbella Corfu Hotel by TUI-owned tour operator TUI, the Marbella Hotel is situated in the Aghios Ioannis Peristeron region of Corfu, Greece. At the time of writing, TUI states that the all-inclusive hotel “falls into the ‘luxury retreat’ category”, and the Greek hotel appears to have a lot to offer British holidaymakers, including an infinity pool. Unfortunately, our client suffered an accident on the stairs during her stay at the Marbella Hotel that arguably could potentially have been prevented.

Stairs accident at Greek hotel

Our client advised us that at one point during her holiday, she opted to use the stairs at the Marbella leading from the reception back to her room, but while descending she fell and without a suitably positioned handrail she was unable to prevent her tumble to the landing below her.

She advised us that after her fall she was in immediate pain, but it wasn’t until later that the extent of her injuries became apparent. Her friend recommended that she see a doctor, and after she had been examined, they recommended that she go to a clinic as they were concerned.

At the clinic, she underwent an X-ray and CT scan and was advised that she had suffered fractures to 3 vertebrae in her spine and she would be unable to fly home. Our client was advised to wear a support belt, which she did, but she still required help for a variety of tasks from her husband. She also informed us that she was unable to sleep comfortably due to the pain of her injury.

£9,000 compensation awarded following accident

Once she was advised that she would be able to fly home, she visited her GP and a fracture clinic in the UK, where the extent of her injuries was confirmed. After contacting our travel law team and instructing us to represent her, she was awarded £9,000 in compensation due to her initial and ongoing pain and suffering.

The case was initially defended by TUI UK Limited’s in-house legal department. They defended the claim on the basis that our client would need to show a breach of Greek standards. We, therefore, obtained a report from a Greek Architect who confirmed that winding staircases of the type our client fell down were not permitted and the width of the steps meant that there should have been a handrail on either side.

Our client was unable to use the only handrail on the left-hand side as she descended because the steps narrowed to such a degree that they could not be used. She was therefore left with no option than to use the area of steps where there was no handrail.

The report was submitted to TUI UK limited who continued to defend the case. We, therefore, issued formal legal proceedings against the tour operator and an out of court settlement was agreed in the sum of £9,000. Had the case gone to a trial, it is possible that the Claimant would have received less compensation.

See a medical practitioner if you’re injured on holiday

If you believe that you have injured your back during an accident on holiday, it’s vital that you receive an assessment from a medical practitioner. The extent of your injuries might not be immediately obvious, and by seeing a medical practitioner you might be able to prevent any further damage that may be caused by your injury, and in turn, speed up your recovery. In the worst case scenarios, it is possible that you may be left with spinal damage that can lead to walking difficulties and problems with bowel functioning.

It’s advisable to gather evidence of the cause of your injury as soon as possible, as a responsible hotelier should act quickly to resolve the issue and to prevent other holidaymakers from being injured.

Evidence can be easily gathered by taking pictures or recording video on a camera or smart phone, as well as retaining receipts for prescriptions, as well as any medical notes you have been given. If anyone witnessed your accident, try to exchange contact details with them, as their account of your accident might be helpful if you decide to make a compensation claim.

£2,500 for injury caused by hazardous stairs

£2,500 for injury caused by hazardous stairs at the Aldemar Knossos Royal in Greece

As the result of an accident that consisted of a fall down poorly lit hotel stairs at the Aldemar Knossos Royal in Greece, our client has been awarded £2,500 in compensation.

The Aldemar Knossos Royal in Crete

The Aldemar Knossos Royal is situated in Hersonissos in the Heraklion Area of Crete in Greece. Advertised by TUI-owned tour operator First Choice on an all-inclusive basis, the Greek hotel is quite modern in appearance and includes a range of appealing features, despite this, our client had an accident on holiday that could have been prevented.

Toenail ripped off by hotel stairs fall

Our client informed us that they were walking down some wooden steps at the Greek hotel that lead to the beach. At the time, the steps weren’t adequately illuminated, making it difficult for our client to see where they were going.

She informed us that as she approached the bottom of the wooden steps, a step was missing, resulting in her foot going through the gap and causing her injury.

Our client was in need of treatment that she received at the nearby medical centre, where she received a number of injections for the pain that she was experiencing before her toenail was fully removed. She also had to visit her GP upon her return to the UK, and it took 2 months for her toenail to grow back.

£2,500 injury compensation award

Following her injury, she instructed our travel law specialists to represent her on a ‘no win no fee‘ basis and she was awarded £2,500 in compensation following her accident at the Aldemar Knossos Royal.

What to do if you have an accident on holiday

In the event that you are injured on holiday, whether as a result of a fall down some stairs or something else, it’s important that you seek help from a medical professional as soon as possible. The extent of your injury may not be initially evident, and while your pain may subside with time, you could find that without treatment you are putting yourself at risk of a long-lasting condition.

In the event that you suffer a laceration, or as was the case with our client, your nail is ripped off; you could expose yourself to an infection. Because of this, it’s vital that the wound is cleaned, sterilised and if necessary, dressed.

You should see a medical professional at the time of your accident, but it’s also worth visiting your GP once you return to the UK. Ensure that you make a note of any treatment that you have received abroad, including any medication that you have been prescribed and taken. An easy way to do this is to ask for a copy of your medical notes, as well as holding onto any receipts for medicines and prescriptions that you have purchased as a result of your injury.

Before you decide if you need to make a claim

Although you might not be sure if you’ll need to make a compensation claim for holiday injury, it’s prudent to gather evidence at the time of your accident, as doing so may help your case if you decide to pursue a claim in the future.

If you fell due to an unsafe surface or stairs, take pictures as soon as possible. Hoteliers have been known to act quickly to rectify hazards around their hotel after an accident has occurred, so you want to take pictures or record video before the cause of your injury is rectified.

If anyone witnessed your injury, it can be advisable to exchange contact details with them, as their statement may support your claim.

How to claim for an accident abroad

In the event that you’re injured on a package holiday, you might find that you’re entitled to claims compensation from your tour operator. Compensation can usually be claimed for your loss of enjoyment, as well as for your pain and suffering, whether it was short or long term, and to reimburse any out-of-pocket expenses that you have incurred as a result of the accident.

This is due to The Package Travel Regulations 1992, which says that your tour operator is expected to take reasonable steps to ensure your safety while abroad.

It only takes a few minutes to find out if you’re eligible, just contact a member of our travel law team and we’ll provide you with a free no-obligation consultation on your case, during which we can advise you of the best method to pursue your case and how much compensation you could expect to receive.

£16,000 awarded to holidaymaker after gym accident

£16,000 awarded to holidaymaker after gym accident at the Apollonion Resort & Spa

Our client was making use of the gym on his holiday to the Apollonion Resort & Spa in Greece when inadequately maintained gym equipment resulted in a severe injury to his shoulder that required surgery, leaving them with lasting nerve damage.

As a result of our representation, our client was awarded £16,000 in compensation.

The Apollonion Resort & Spa in Greece

The Apollonion Resort, currently advertised by TUI-owned tour operator TUI as the Apollonion Resort & Spa, is situated on Kefalonia, one of the Ionian Islands of Greece. The resort is currently advertised as featuring a range of facilities, however, it no longer appears to offer the use of a gym.

Gym equipment accident

Our client was making use of the hotel’s gym, where he was using a lateral pull-down weight machine. While he was using the machine, he pulled downwards on the bar, as the machine was intended to be used, when the cable that was attached to the bar snapped.

This caused our client to fall to the floor along with the pull-down bar, and as a result of this accident, he suffered a personal injury and incurred financial loss and damages.

Severe shoulder injury caused by accident

Due to his accident, our client suffered a severe shoulder injury; sustaining a right-sided rotator cuff tear, which is a type of tear to a tendon. Specifically, the tear was to his supraspinatus tendon.

Because of the damage sustained by this injury, our client required specialist treatment that included an arthroscopic surgical repair, which is a type of surgery performed on the shoulder using a tiny camera. He also required physiotherapy, as well as pulsed radiofrequency denervation, which is a type of treatment that uses heat to deactivate nerves.

Our client was administered with a perioperative interscalene block, which subsequently affected the nerves of his brachial plexus, which is the network of nerves in your shoulder that transmit signals from your spine to your shoulder, arm and hand.

This left our client suffering from neuropathic symptoms, which can include numbness, pricking and tingling of the extremities, as well as pain that can vary from a sharp jabbing sensation through to pain akin to freezing or burning.

At the time that the claim was settled, our client was still experiencing pain in his shoulder.

Accident claim against TUI

Our client approached our travel law team to make a compensation claim against TUI under the Supply of Goods and Services Act 1982 and The Package Travel Regulations 1992.

We argued that the accident was the result of negligence due to the substandard maintenance of hotel facilities, constituting an improper performance of the contract with the tour operator, including their third parties.

We also put forward that there had been a failure in ensuring that the following was carried out to ensure the safety of the gym equipment:

  • To keep the gym equipment in good working order and carry out repairs
  • To perform adequate inspection and testing processes
  • To carry out routine maintenance on the gym equipment
  • To prevent the use of unsafe gym equipment

Through these failings, our client was involved in an accident that he had no way of averting. We argued that TUI failed to exercise a degree of skill and care as could reasonably be expected of them and their suppliers, including that the services that they provided were not safe to use or of a reasonable standard.

As part of our investigation into these failings, we also found that there was a failure to comply with the applicable local safety standards.

Compensation awarded for injury

After his accident, our client approached us for legal advice and subsequently instructed us to represent him. Following our representation, TUI agreed to settle the case out of court, offering a compensation award of £16,000.

Retiree finally wins his compensation fight after Cyprus hotel slip injury

Retiree finally wins his long compensation fight after Cyprus hotel slip injury

We have recently successfully assisted a retired gentleman claim £6,000 compensation after he slipped down a ramp at his Cyprus hotel causing severe injuries to his right shoulder.

The accident occurred on the 2nd February 2011 whilst our client was on a holiday with his wife and another couple at the Corallia Beach Hotel Apartments, Coral Bay, Paphos in Cyprus.

The 80 year-old slipped on a ramp he was descending whilst trying to reach the lifts at the end of the corridor in the hotel.

Severely Impaired and Incapacitated

With his right shoulder incapacitated, Mr H was unable to drive for the remainder of the 4 week holiday which meant the group were unable to enjoy any further trips around the island because no one else was able to drive the hire car.

On his return to the UK Mr H was unable to go swimming or play bowls which he really enjoyed doing.

Mr H attended several physiotherapy sessions to try and get further movement back in his shoulder. When the physiotherapy didn’t work Mr H was forced to have surgery on his shoulder to alleviate the pain.

Package Travel Regulations – Negligence

James Blower of Simpson Millar LLP wrote to the UK Tour Operator involved, Sunspot Tours Limited trading as Mercury Direct, under the terms of the Package Travel Regulations 1992. We reminded the tour operator that it was liable for the negligence of its suppliers – in this case the hotel – and that the personal injuries sustained by our client could have been avoided if the hotel had exercised its duty of care.

What are the Package Travel Regulations?

The Package Travel Regulations 1992 ensures holiday companies are responsible for the ‘proper performance’ of holiday contracts. So if you are ill due to food poisoning or poor hygiene at your hotel or you suffer an accident causing personal injury, your tour operator is responsible.

The local standard applies – Battle of the Experts

“The hotel had failed to ensure that the construction of the ramp complied with Cypriot building regulations, which exposed our client to a foreseeable risk of injury,” James added, that by not ensuring the accommodation was compliant with local Cypriot building regulations and safety laws the tour operator was liable.

“The defendant vigorously denied liability,” James noted. “The Tour Operator’s denial was based on their assertion that the hotel in Cyprus had fully complied with the local building regulations and safety laws.”

“We obtained a report from a Cypriot lawyer who stated that the hotel had not complied with Cypriot building regulations and law. Reports of this nature are critical to the success of claims such as these.”

“The Defendant obtained its own report from an English Engineer who claimed that the ramp complied with Cypriot regulations despite having no formal Cypriot qualifications”.

“As we approached a Trial date and the battle of the experts loomed, we were pleased to see that the tour operator made the decision to settle the matter rather than go through the expensive trial process.”

For his shoulder injury and out of pocket expenses, our client successfully obtained £6,000 compensation.

Mr H commented following the successful conclusion, “Mr Blower was very helpful and professional and I am very satisfied with his advice and help”.

  • If you’re injured whilst holidaying at a hotel abroad and it’s not your fault, it’s possible that both the hotel and the tour operator you booked with may be liable for your accident
  • Pursuing accident claims abroad can be very problematic because of the need for Local Standards evidence from a locally qualified expert
  • A specialist travel lawyer who understands the need for this crucial evidence is essential if you are to win your compensation claim

Over £3,000 compensation following poolside injury at Greek hotel

Over £3,000 compensation following poolside injury at Greek hotel

A Leicester lorry driver whose Greek island holiday with his wife was ruined by a severe hotel poolside accident has been awarded compensation for his injuries.

When the incident happened the couple were staying at La Marquise Hotel on Rhodes.

“Our client and his wife arrived on 29 June 2013,” Simpson Millar’s Paul Stevens said. “Although on checking in the couple were given no information about the room or the plunge pool, they continued to enjoy their holiday until 3 July.”

Innocent holiday pleasure suddenly halted

On that afternoon the pair were in the private plunge pool area outside their room. “I decided to take a photograph of my wife from the far side of the pool,” our client said. “I walked over to the side of the pool, not wearing any footwear as I was in and out of the pool.

“I stood with my right foot on top of a grille and my left foot to the side and slightly behind on the concrete surrounding the pool.

“I stood poised for a few seconds when I suddenly felt the grille under my right foot give way. My right leg dropped into the channel below.”

Client lost his balance and fell

Unable to prevent his leg from becoming trapped 2 feet down into the channel, the 62-year-old lost his balance and fell backwards. The grille, which moments before had been supporting him, had broken into 3 pieces.

“I immediately felt pain in my shin,” he said. “I thought I may have broken my leg. I had to remove an adjacent grille and pull up my right leg, which was bleeding. I could see a hole in my shin underneath a loose flap of skin. I also had cuts to my right toes.”

Our client said the concrete grilles were little more than small slabs which could be easily picked up and moved. “They were not well fixed and didn’t seem to fit securely enough.”

Delayed response from hotel staff

“My leg had started to bleed profusely. My wife wrapped a towel around my leg and called reception for help, but there was no answer.”

After a lengthy delay our client was seen by the hotel duty manager, who arranged for a doctor. Clearly badly injured, the holidaymaker was confined to the room for the rest of that day and overnight, during which time his leg continued to bleed.

“The following morning the bleeding hadn’t stopped, but the doctor did exactly the same as before – put cream and a bandage over the wound.

“However, he did not inspect the hole in my shin, which was where the worst of the pain was coming from.”

“In constant pain”

In great pain and obliged to wear the bandage for the rest of the holiday, our client attended his own GP on the couple’s return to Leicester.

“I had to see the practice nurse 6 more times,” he said. “There was a big hole in my shin that needed time to heal.”

The severity of the driver’s wound badly curtailed his work. He was unable even to shower properly until his leg healed nearly 2 months later.

Repairs came too late – but grille was still dangerous

Paul Stevens noted that, shortly before the couple’s return home, the hotel arranged for repairs to be made to the offending grille.

“According to our client it was not repaired properly,” Paul said, adding that the same broken concrete was simply put back together. “He said it was like a jigsaw puzzle – it was even more dangerous.”

Successful damages claim against operator

Having seen the ruin of an expensive holiday, our client was highly critical of the holiday firm TUI (UK) Ltd, from whom Simpson Millar successfully claimed compensation of £3,985.

“I blame TUI for the accident at La Marquise,” he said. “They should have made sure the plunge pool was safe to walk around and was structurally sound.”

However, our client had nothing but praise for Simpson Millar’s service. “Paul Stevens explained in detail every procedure. He was tenacious – a good, knowledgeable man.”

Paul concluded: “This excellent outcome for our client shows that you need not be afraid of claiming compensation in Britain for personal injury, even if the accident happens abroad.”

Holiday illness: another big operator told to pay compensation

Holiday illness: another big operator told to pay compensation

Another travel operator has been held to account over a holidaymaker’s severe food poisoning, a case during which the offending hotel threatened to sue the claimant.

Fleetway Travel – a firm which, though a sizeable player in the travel market, is less well-known than some of its competitors – has been instructed to pay £5,000 to the 69-year-old, who suffered a severe bout of the gastric illness Campylobacter.

The holidaymaker suffered with severe diarrhoea and stomach cramps, attributing the source of the illness to a hotel seafood meal of langoustines.

First holiday for years – ruined

When her illness struck in August 2012, the West Yorkshire retiree was with her husband at the Corallia Beach in Paphos, Cyprus, a hotel represented in the UK by Fleetway.

Simpson Millar’s James Blower noted that the holiday had been the first the couple had taken for a number of years.

“The illness, caused by poor food and water hygiene standards at the hotel, struck on the 9th day of our client’s holiday,” James said. “This left the rest of the fortnight completely ruined.”

Hotel seafood was to blame

The holidaymaker, who suffered with severe diarrhoea and stomach cramps, attributed the source of the illness to a hotel seafood meal of langoustines.

“Our client was severely ill and suffered for months afterwards,” James said. “The acute symptoms merged with the chronic phase, and she continued to experience episodes of diarrhoea with vomiting 2 or 3 times a week.

“Our client went to hospital on a number of occasions to have the problem managed conservatively. But she eventually required surgical intervention and underwent a Hartmann’s procedure. Happily this was successful.”

Hartmann procedure:

This operation is often carried out as an emergency if there has been a perforation of the bowel, especially if you have diverticular disease, colorectal cancer or had a trauma to the bowel.

Legal threat by hotel

James said our client had booked her holiday on a half-board basis. “After we submitted our claim letter, Fleetway’s insurers became extremely difficult to deal with, refusing to admit liability and questioning what foods our client had consumed outside the hotel,” he said.

“At one point the hotel even threatened our client with legal action. Although we knew this to be nothing more than hollow bluster, it made our client feel extremely anxious.”

Settlement value disputed

Once Simpson Millar had collected all relevant medical information, we offered to settle with the defendant.

“Fleetway’s insurers eventually acknowledged the defendant’s liability for the hotel’s hygiene failures and our client’s illness,” James added. “However, they continued to argue over the value of the claim.

“After a lengthy period of negotiation and the threat of proceedings, we were finally able to close on a settlement of £5,000.”

“Simpson Millar was excellent” – client

Asked to rate Simpson Millar’s service, our client said: “Excellent. [I was] kept up to date on the situation at all times, with explanations of legal terms in plain English.

“At one point the hotel involved threatened to sue me personally. I was absolutely panic-stricken by this. However, Mr Blower was empathetic and reassured me that nothing would come of it. I was able to sleep that night without worrying.”

Senior Holiday Claims Specialist, James Blower concluded:

“Our client was very upset that her holiday had been ruined. The compensation settlement went some way to helping her recover part of its cost, and she was looking forward to putting the money towards another holiday – but this time with another travel firm.”

£8000 Compensation Award for Slip on Stairs in Corfu

£8000 Compensation Award for Slip on Stairs in Corfu

Simpson Millar Travel LLP were able to help Mr Ellis from Bradford claim in excess of £8000 when he slipped on wet steps at a hotel called the San Stefanos in the Greek Island of Corfu.

Mr Ellis was assisted by the Specialist Travel Law Team at Simpson Millar Solicitors.

He was represented by Simon Lomax, Overseas Claims Manager at Simpson Millar, who specialises in helping people make compensation claims for accidents in Greece.

The Perils of Marble Stair Cases in Greece

On 17 September 2009, Mr Ellis was making his way to the swimming and while descending a marble staircase he slipped on the bottom of the steps causing an injury to his shoulder.

He slipped because the marble steps were wet, either, because it had just been cleaned or because a fellow holidaymaker had used the step following a swim in the pool.

The lethal concoction of a slippery marble surface and water had meant that there was an accident was waiting to happen.

There was no warning sign in place to indicate that the steps were wet and there were no non-slip treads on the steps as is customary in Greece.

Praise for Excellent Service

Mr Ellis decided that he wanted a holiday law specialist to represent him and instructed Simon Lomax who has intimate knowledge of the health and safety laws in Greece.

The Claim was made against the Tour Operator, TUI Holidays, who organised the package holiday that featured the hotel where the accident happened.

After an initial free consultation with Mr Lomax about the difficulties of making a compensation claim in Greece, Mr Ellis decided that by instructing Simon, it was Simpson Millar that could get him the best result for his injury in Corfu.

Following his successful award, Mr Ellis said of Simon that his service was “very good” and remarked that the calibre of staff that dealt with his claim were excellent.

Not a Penny Paid In Legal Costs!

Mr Ellis instructed us to represent him with his Holiday Claim on a No Win No Fee basis.

Because, as is normal in holiday accident claims, TUI agreed to pay his legal costs, Mr Ellis received 100 per cent of his accommodation costs and that was the end of the matter for him.

Can I Make an Accident Claim for an Injury in Greece

Your chances of making a successful accident claim if injured in Greece are greatly enhanced if your accident occurred on a package holiday with the likes of TUI, Thomas Cook or First Choice.

We would recommend that you contact a member of the Simpson Millar Travel, like Mr Ellis did, for a free consultation for help with making an accident claim in Greece.

If you suffer a severe injury on holiday, we do recommend that you instruct a travel solicitor who has experience in making claims for accidents that take place abroad.

Simpson Millar can do all the hard work for you such as arranging a medical appointment and working out all the facts and figures.

We are happy to speak to friends and relatives of people injured on holiday as well.