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Accident at holiday park ends couple’s plans

An elderly Scottish couple’s plans to cross the border and spend their summers in Suffolk were dealt a blow after an accident at a holiday park.

The couple had bought a new lodge, and having only seen photographs of it, were excited to arrive at the park to see it for the first time.

It looked just as lovely as they had expected. But they were disappointed to find that the decking, handrails and stairs had not yet been installed. However, the park owners had put temporary wooden steps up to the back door for them.

On the day of the accident, Mrs K had decided to get on with some jobs while her husband was out playing bowls.

She opened the back door and went to take some tools outside. As she did, her foot went from underneath her, causing her to fall sideways onto the flagstones. The steps had no handrail so there was nothing for Mrs K to grab hold of to try and break her fall.

Mrs K was helped back to her feet by a groundsman who was working nearby. Initially, although very shaken, Mrs K thought she had got away with just cuts and bruises and pain in her ankle. Within a few days though, she realised that her injuries were more serious, and her husband took her to the local A&E. There, she was diagnosed with tendonitis and given paracetamol and codeine for the pain.

Over the next few weeks, Mrs K’s leg became more and more swollen and she was forced to return to the hospital.  An MRI scan revealed that Mrs K had snapped her Achilles tendon. She also had a deep vein thrombosis (DVT). She was prescribed blood thinning medication, put in a plaster cast and given a Zimmer frame and crutches.

Mrs K’s  mobility was severely hindered. She was unable to drive her car, needed assistance with household tasks and couldn’t even enjoy a game of bowls with her husband.

The park owner had quickly replaced the temporary steps with some that had handrails. A similar set was also placed against the patio doors at the front of the lodge.

Mrs K was reluctant to claim against the park owner. But after they sold the lodge, Mrs K decided to speak to a solicitor at home in Scotland for advice.

As the accident happened in England, the solicitor referred the case to Atherton Godfrey, as specialists in personal injury compensation claims.

Katrina Elsey, personal injury lawyer, took on the case and recovered over £25,000 compensation for Mrs K in an out of court settlement.

If you have been injured in an accident at a holiday park, or while on holiday at home or abroad, call and speak to our friendly team – 01302 320621.

Read Citizen’s Advice guide on claiming compensation for personal injury.

 

 

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Government to get tough on holiday sickness claims

In April 2018 the government confirmed that they are fixing the legal costs for claims involving sickness whilst on holiday.

According to the travel industry there has been a huge rise in the number of holiday sickness claims over recent years.  Tour operators believe many of these claims to be bogus but they have been reluctant to challenge such cases due to increasing legal costs.

The government had asked the Civil Procedure Rules Committee to bring Package Holiday Claims within the current Fixed Recoverable Costs Scheme in an attempt to dissuade fraudulent claims.

The Committee have now amended the rules accordingly and introduced a new ‘Pre-action protocol for resolution of package travel claims’.

The new rules include claims arising from gastric illness suffered during a package holiday, where damages do not exceed £25,000.  The rules, which apply to claims where no letter of claim has been sent to the Defendant before 7 May 2018, have been pushed through to ensure that there isn’t another rush of claims over the summer, the peak time for holidays.

Statutory protection exists to protect package holidaymakers from needless injury whilst abroad, without needing to bring legal proceedings in the country where the accident occurred, so if you have been injured on  holiday and it wasn’t your fault contact our expert holiday accident team on 01302 320621.

Author: Kelly Homar

 

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Accidents abroad – how long do I have to make a claim?

If you suffer an accident or illness abroad do you know how long you have to make a claim?

Where your accident or illness occurred in your hotel or resort and you booked your package holiday with a UK Tour Operator, you have 3 years from the date of your accident/illness to bring a claim.

If your accident/illness occurred on board a boat or whilst on an aircraft, you have 2 years from the date of your accident/illness to bring a claim.

What happens if  I booked my holiday directly with a foreign hotel?

If you booked your holiday with a foreign hotel then the time limits for making a claim vary depending which country your accident/illness took place.  Below is a list of popular European and Worldwide destinations and the relevant time limits.

  • Australia 6 years
  • China 1 year
  • Cyprus 3 years
  • France 5 years
  • Germany 3 years for most civil liability claims. However, this can vary between only a few days and 30 years, depending on the nature of the dispute
  • Greece 5 years
  • India 1 to 3 years depending on the type of action
  • Ireland 2 years
  • Italy 5 years
  • Japan 3 years
  • Mexico 10 years
  • Portugal 3 years
  • South Africa 3 years
  • Spain 15 years for accidents resulting from contractual obligations otherwise 1 year
  • Turkey 2 years
  • United Kingdom 3 years
  • United States – each state sets their own limits

If you have been injured or suffered an illness while on a foreign holiday, in any part of the world, call for a no obligation chat about your options.

Author: Kelly Homar