In recent years, there has been a lot of press coverage in relation to people making holiday injury claims for illnesses and injuries suffered whilst abroad. The vast majority of this coverage relates to the Package Travel, Package Holiday and Package Tours Regulations 1992 which provides people a way of claiming against the tour provider who their holiday was booked through.
But what if you suffer an accident as a result of negligence on an independently booked holiday?
Many people, unfortunately, suffer injuries whilst on holiday as a result of trips, slips and accidents that would not fall within the Regulations as they happen outside of the remit of the package provided. Coupled with a noticeable lack of press coverage in this particular area, this leads many people to believe that if they have an accident on a holiday that they booked independently, e.g. that is not a package holiday, or simply that occurred outside of their hotel at an independent venue, that they are unable to claim should an injury occur. This is not the case and whilst claims of this nature are more complex, there are legal remedies available for potential Claimants.
Just this month, there has been a highly publicised story about a holidaymaker who is likely to be left paralysed after injuring themselves whilst using a waterslide in Benidorm. This tragic story highlights the need for people to be aware of their legal right to pursue damages for personal injuries suffered as a result of negligence, no matter where the accident occurred. Unfortunately, this sort of tragic accident is not as rare as one would hope. Whilst the nature and extent of injuries may vary, more and more holiday makers are seeking out more adventurous activities whilst on holiday and with this the risk of injury naturally increases. This can range from simple things such as attending theme and water parks to doing more extreme activities like bungee jumping, sky diving and paragliding. No matter the circumstances in which your injury occurred you may be able to make a holiday injury claim.
Making a holiday injury claim
When making a compensation claim, it is important to be aware of the different time limits, laws and standards applied in that country, even though the claim will be brought within the UK. The general rule is that the laws of the country in which the accident occurred will apply. In practice, this means that if a claim is brought in England and Wales, the Court will deal with the claim in accordance with its normal rules of procedure. However, the substantive law applied will be that of the country in which the accident happened. It will, therefore, be subject to the local standards and limitation periods applicable in the relevant foreign country, but will be dealt with within the UK Courts.
Whilst, cases of this nature are naturally more complex than the much publicised claims against tour providers there are still legal remedies available. If you or a loved one is ever unfortunate enough to suffer an injury whilst abroad, due to the negligence of another, you are entitled to bring a claim with a UK solicitor of your choice regardless of the nature of your holiday or location of your accident.
How Nelsons can help
If you have any questions in relation to the topics discussed in this article, please contact a member of our expert Personal Injury team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.