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Holiday Accidents

July 2009

Many of us will be off on our summer holidays in the next few weeks but what happens if you are injured in an accident whilst on holiday?

The tragic death of 14 year old Nathan Clark at the Pattaya Water Park in Thailand is a stark reminder that while we need to take a break and switch off from work and stresses of everyday life, the most family friendly holiday resorts can often present us with dangers. Nathan had innocently lifted a grille covering a pipe at the water park in a bid to retrieve his goggles, as a result he was sucked into a powerful water pumping system and drowned. In the relaxed environment of the holiday park, it appeared that the staff genuinely believed that the grille was locked and that Nathan couldn't have lifted it. Given the holiday atmosphere it was suggested from reports that they thought the Clark family were joking that Nathan had been sucked into the pipe.

Whilst death is at the extreme end of the scale, lots of people are involved in accidents at home or abroad every year whilst on holiday. There are plenty of accidents where people lose a limb, are left paralysed or on the lesser extreme suffer discomfort that ruins the holiday. You could be hurt in a road traffic incident, trip or slip in the street, cut yourself in a pool, get food poisoning, be injured on a cruise liner or a boat trip or a host of other situations.

Fortunately you can usually make a claim for compensation if the accident was someone else's fault.

If you are injured whilst on holiday in the UK then, of course, the normal rules for claiming compensation apply. But what happens if you are injured abroad? As a general rule, if you booked a package holiday you may be able to bring a claim in the UK against the tour operator. The tour operator will usually be responsible for all the services provided to a holidaymaker as part of the package including hotel accommodation, air travel, cruises, coach or car transfers and excursions. Even if you are injured abroad and you were not travelling on a package holiday you may still be able to claim for what happened.

Chris Macwilliam, Partner and Personal Injury Solicitor at Clough & Willis Solicitors says, having an accident on holiday can not only ruin your break, it can cause you additional costs and inconvenience. Some accidents can place great pressure on families whether the you are unable to travel back home for a while or whether you are unable to work for a while and suffer loss of earnings. Some accidents can also cause ongoing pain and discomfort.

For example – we acted for a school teacher who badly cut his foot on a broken light in a hotel swimming pool in Spain . In this case the tour operator was responsible for his injury and paid him compensation for his injury and for the loss of enjoyment of his holiday.

So if you are unfortunate enough to be injured whilst on holiday don't despair. Contact us and we will see you free of charge and will take your case on a No Win No Fee basis if we think you have a claim.

If you are unsure whether you are able to make a claim, please contact Chris Macwilliam, chris.macwilliam@clough-willis.co.uk or freephone 0800 083 0815. Chris will assess your situation and help you make a decision on whether to proceed. It will cost you nothing.