Holiday Accidents (Abroad)


Holiday accidents claims

Holidays are a time of rest and recuperation, often much anticipated, and these days it’s more common than ever to venture away from the UK and take a trip across the sea to a warmer climate. Holidays abroad often run smoothly with no issues at all, and this makes it all the more distressing when things don’t go to plan.

We put a lot of trust in our tour operators or hotels to provide us with a holiday that is safe, comfortable and stress-free. We do not want our time away from home to be riddled with potential accidents or causes of illness. That’s why when something goes wrong, and you are the victim of it, it can be very frustrating to feel like you placed your trust in the wrong person.

It can also be additionally scary finding yourself ill or injured in a different country without your support network back at home, especially if you are hospitalized as a result. You may be upset to feel like you have wasted your money on your trip, or hurt that your accident or illness was able to occur in the first place.

How do I know if I can claim for a holiday accident?

There are a few boxes you must tick in order to be eligible to make a holiday accident claim. In terms of holiday sickness, you must be able to prove that your sickness has been caused by the hotel or tour operator. For this reason, it’s easier to claim for holiday sickness on package holidays or all-inclusive resorts.

To make a claim, you need to have been ill for a week or more. Records such as doctors’ notes can be useful in providing evidence for your claim. However, you may still be entitled to a claim without these records.

In terms of holiday accidents, it’s very helpful to have evidence that your accident took place within the grounds of your hotel. Pictures of the accident location and accident forms filled out by hotel staff are particularly important to increase your chances of being successful in making a claim.

It’s understandable that if you’re in the position where you’re thinking about making a claim, it’s likely that you don’t know the first thing about making one. You might not feel comfortable in making a claim, or even know if you are eligible to make a claim under your circumstances. We urge you not to be put off if you are feeling this way, and to get in touch with a solicitor at Attwoods, who can talk through your claim and discuss your eligibility.

What are some examples of holiday accidents?

It is the responsibility of your tour operator or hotel to ensure you remain safe and away from harm during your stay. Similarly, tour operators have a legal duty to make sure hygiene and food preparation standards are maintained. Examples of accidents and illnesses that occur abroad that we may be able to help with include:

  • Balcony falls due to a bad design or lack of maintenance
  • Burns, scalds and electric shocks in holiday accommodation
  • Carbon monoxide poisoning from badly maintained heaters and boilers
  • Damaged lifts or escalators
  • Glass injuries sustained as a result of patio doors that shatter easily
  • Swimming pool accidents due to poor maintenance and safety.
  • Many episodes of food poisoning, e.g. Campylobacter, Salmonella and E. Coli

Beyond accidents and illness on package holidays, we can also advise on cases involving:

  • Accidents and illnesses at sea and onboard cruises
  • Accidents and illnesses whilst working abroad
  • Hijacking and terrorism
  • Road Traffic Accidents abroad,
  • Skiing and other sporting injuries sustained whilst travelling

How do I make a holiday accident claim?

Often people think that making a Personal Injury claim for something that happened abroad is impossible, or at the very least, highly complex. We are experienced in understanding Personal Injury legislation in its application overseas and are able to advise whether you have a case, and if so we are able to take the complexity out of the process for you.

Attwood’s are able to offer a No Win No Fee approach to holiday accidents and this includes illnesses that arise through no fault of your own whilst travelling abroad. The process is enabled in part under the Travel Regulations 1992 that aim to protect you if you have sustained an injury or illness on a package holiday booked in the UK.

Your ATOL certificate also covers excursions and car hire at the same time, affording you some of the protection you would receive if the injury or illness had occurred back home. Nothing alleviates the need for travel insurance, but knowing there are these additional processes in place can help you understand that you may have the ability to make a Personal Injury claim even if the illness or injury happened abroad.

How long will I have to make a claim?

You will normally have to make a holiday sickness or accident claim within three years of the accident incurring in order for it to have a chance of success. However, that period can be waived under certain circumstances, such as:

  • If you were under 18 at the time of your accident
  • If you have suffered a disorder that prevented you from bringing your claim at an earlier date
  • If you’ve only very recently found out about the injury you’ve suffered, and the link with the accident to your holiday abroad

For further advice, and to establish whether you have sufficient grounds to make a claim, please Contact Us or watch this video for additional information.

Ekaterina Zelenova- On Injuries Abroad

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