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Holiday Accidents – Who’s To Blame?

17th December 2013

If you and your family or friends are shortly heading abroad on the annual summer package holiday break, you’ll no doubt be aware of some of the usual types of injuries that can befall many holidaymakers, from midge bites and sunburn to cuts and bruises, and food poisoning.

While some minor incidents may sometimes be self-inflicted, there can be circumstances where the responsibility can be attributed to the hotel owner, tour operator or package holiday organiser when an accident claim for injury compensation is being considered.

Trips , slips and falls – especially when walking nearby to where water is present – are always likely to be high risk while on holiday. But who is responsible if you suffer one of the many common types of holiday injuries, which occur in a hotel room such as tripping up in the bath or shower or on a badly maintained pavement in the local town centre or on an organised sightseeing trip?

It’s important to know who is actually responsible in specific situations.

Generally, if an accident occurs anywhere within your hotel area, while on a schedule excursion or during any other service that is provided as part of your holiday package, then your holiday organiser is to be held responsible.

However, the holiday organiser is most unlikely to be held responsible for any accident suffered while away from your hotel - unless an injury occurred during an excursion you originally purchased as part of your package.

Holiday personal injury claims are not always so straightforward. For example, if you failed to observe specific safety rules and suffered an accident, a compensation claim is unlikely, unless for example, you were not warned about possible accident risks.

If it can be proven that your organiser / holiday rep or local hotel staff were negligent, say for a poorly maintained aspect of your hotel, such as faulty balcony window locks or leaking shower heads, which directly caused you injury, then they can be held responsible.

Any accident should always be immediately reported to the local holiday rep / or holiday organiser head office and hotel manager and ensure it is recorded in an accident book with a copy of the entry retained. A medical report, photographs and written notes plus any witness statements, names and addresses will be vital for preparing a compensation claim when returning home.