£3,300 compensation for youngster injured after slipping at Turkish resort
A 9-year-old boy has been awarded damages following an accident while on holiday with his family at an overseas beach hotel.
When the incident occurred the family was 1 week into a 14-night break at the Maritim Pine Beach in Belek, Turkey, in July 2011.
Acting for the claimant, Paul Stevens of Simpson Millar LLP said the boy was with his family in a hotel amphitheatre enjoying entertainment which came as part of the holiday package.
“The youngster needed to visit the lavatory,” Paul noted. “As he walked towards the toilet he slipped on a path that was soaking wet. Falling to the ground, he suffered concussion and a spinal injury.
“A medical examination revealed that he had sustained bruising to his right side, with soft tissue injuries to his back, neck and right shoulder.”
Danger from surface water
It transpired that the path’s surface was wet due to the work of a hotel gardener who had been watering the adjacent area.
Paul added that the youngster was highly distressed, both by his injuries and by having to attend a Turkish hospital when he should have been enjoying himself. “The holiday, which cost £3,689, was clearly ruined for the whole family.”
Claiming compensation against the tour operator Thomas Cook, the Maritim Pine Beach’s UK agent, we alleged that the hotel had breached provisions of the Package Travel Regulations 1992.
“Many of the breaches related to the work of the ground staff,” Paul explained. “Why was the gardening work not performed before the event, or after the entertainment guests had dispersed? And given the obvious hazard, why was the area not cordoned off, or identified as unsafe?”
Paul observed that shortly after the accident, the area was dried off by the gardener and fellow staff.
“It’s curious that the hotel did not carry out this simple precaution prior to the arrival of guests,” Paul said. “Clearly the management had failed to ensure that the hotel was reasonably safe for visitors’ use.”
Simpson Millar’s service was “fantastic”
The boy’s mother, pleased that she had been able to claim £3,300 compensation against the tour operator despite the fact that the accident happened at a Turkish hotel, praised the efforts of Simpson Millar on her son’s behalf. “[They provided] fantastic service – very friendly, efficient staff.”