Setting the Standard for Successful Holiday Accident Claims
Simpson Millar Solicitors are specialist Holiday Accident Claims personal injury lawyers and represent holidaymakers injured abroad.
Winning Your Claim
The starting point for anyone wanting to pursue a holiday accident claim is to answer some simple questions;
Have you suffered an accident on holiday that you believe was caused by someone else’s fault or mainly by someone else’s fault?
Have you suffered an actual personal injury (more than just upset)?
If you answer both of these questions “Yes” then you probably have a right to claim compensation for your injury.
Choosing Your Solicitor
Picking the right firm of solicitors is critical. Pick the wrong one and the chance of you winning compensation will reduce dramatically and so might the amount you could be entitled to win.
You need to find out more about the firm you are considering trusting with your holiday accident claim. Some simple guidelines are;
Does the firm have a dedicated Holiday Accident Claims department?
Do the lawyers have a lot of experience
Can the firm demonstrate how successful it has been in winning holiday claims?
How much will the fees and insurance cost?
Once you have satisfied yourself with answers to these questions then you are on your way to having a good claim with a good team of professionals to help you and with the minimum of risk to you.
Holiday Accident Claims are Complex
Holiday Accident Claims are not straightforward and require a great to degree of skill and knowledge to win.
Just because an accident happened abroad does not always mean a claim will succeed. Strong evidence is needed which many inexperienced solicitors will not gather or will not know how to gather. This has been the downfall of many holiday claims which leave victims with no compensation whatsoever.
The cases that have gone before the courts can give you an idea of some complexities involved in holiday claims and we set out briefly what they mean for anyone pursuing a holiday accident compensation claim.
Hone v Going Places Leisure Travel Ltd
Mr Hone suffered an accident whilst using the emergency evacuation chute during an aborted flight.
He attempted to win his case by saying that the holiday company failed to ensure his safety during the evacuation process and that the Package Travel Regulations 1992 imposed a duty on the holiday company to ensure his safety in every eventuality.
The court held that the Regulations did not impose an absolute duty but only a duty to take reasonable care.
Despite suffering an injury Mr Hone failed to prove that the holiday company had been negligent or had failed to exercise reasonable care.
In a nutshell – there is no strict duty for a holiday company to ensure your safety even if you suffer a personal injury whilst using their services.
Gouldbourn v. Balkan Holidays Ltd & Another
The Court of Appeal rejected an appeal against a decision made by Mrs Gouldbourn after her personal injury claim for compensation was dismissed at first instance.
She had been injured in a skiing accident whilst on a holiday in Bulgaria supplied by the UK tour operator Balkan Holidays.
Mrs Gouldourn claimed that Balkan Holidays had breached its duty of care and therefore had improperly performed the holiday contract because the ski school that formed part of the holiday failed to uphold certain safety rules concerning the capability of novice skiers.
Notably, however, there was nothing in the rules to say how those rules should be applied.
Following the first instance decision the Court of Appeal concurred that in judging whether any negligence or breach of contract had occurred the only measure could be by reference the relevant local standard.
As no evidence of the applicable local standards in Bulgaria had been adduced there was no means by which Mrs Gouldbourn could prove that the standard of care fell below that which was applicable in Bulgaria at the date of her accident.
In a nutshell – although English law might apply to your holiday claim the standards that the court will measure are those that were applicable in the country where your accident happened at the date you suffered a personal injury.
Simpson Millar – Simply the Best Holiday Accident Solicitors
The cases of Mr Hone and Mrs Goulbourn demonstrate just some complexities involved in holiday accident claims, essentially that the holiday companies only need to exercise reasonable care with the question of what is reasonable judged according to the standard of care pertaining to the country where the accident occurred.
At Simpson Millar we have a highly talented and skilled team of dedicated holiday and travel law professionals with many having worked for the major tour operators defending holiday claims.
Renowned for achieving outstanding results our team work closely with experts worldwide to make sure that your claim is supported by the best local standards evidence and that we focus on the evidential matters that are key to being successful from day one.
We not only ensure that holiday claims are supported by strong evidence we ensure that we undermine any potential defence from day one.
If you or a family member has suffered an accident whilst on holiday or abroad then give us a call and get free advice about your options and making a no win no fee holiday accident claim.
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