£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.