In purchasing a package holiday a consumer becomes party to an agreement with the tour operator. Inherent in this agreement will be certain rights and responsibilities. For example, it will be understood that the consumer will receive a holiday consistent with the one described.
Furthermore, the agreement will outline the scope of the duty of care owed by the operator – for example, that accommodation must be safe and sanitary. Unfortunately, there are many examples of tour operators breaching their duties. As such, the Package Travel Regulations allow any person affected to claim compensation from the negligent holiday company.
Seth Lovis & Co holiday accident solicitors advise clients who have sustained injury while under the care of tour operators. Whether you have sustained injury in a slip or trip accident, in a swimming pool, as a result of food poisoning or in a fall from a balcony, our solicitors can help you claim the maximum possible damages from the tour operator. Call 0370 218 4025 today for further information.
Balcony accidents on holiday
According to research published by the Foreign and Commonwealth Office and The Travel Association, 13 British nationals either suffered serious personal injury or died after falling from balconies in 2012.
Because many of these accidents took place in typical party destinations such as Majorca and Ibiza alcohol has been claimed as a contributing factor in several of the incidents. Moreover, it has been suggested that some of the balcony falls could have been caused by dangerous activities such as people trying to climb the outsides of buildings or jumping into swimming pools.
Although the repercussions of balcony falls can be devastating, if a sufferer is responsible for his or her accident, they will be unable to claim compensation – proof of negligence is fundamental to the success of any holiday fall from height claim. However, there are many situations where a claim might be possible, for example where the accident was caused by damaged or faulty handrails on hotel balconies or if unsafe flooring led to the fall.
For example, in 2013, five members of a wedding party, including the bride-to-be, suffered a balcony fall while visiting a hotel in Yorkshire. The group was standing on top of the platform when it suddenly collapsed, causing the group to fall approximately three metres onto the patio below. Commentators at the time observed that unless exceptional circumstances were proven it was very likely that the group would be able to claim compensation for the balcony fall.
Claiming compensation for a balcony fall
If you have suffered injury in a balcony fall that you believe to be attributable to another party, such as a tour operator, Seth Lovis & Co may be able to help you receive compensation.
Our specialist team of holiday accident lawyers could help you obtain funds to secure the cost of rehabilitation, to reimburse treatment costs, or to provide redress for lost earnings.
To find out if you could make a holiday accident claim, please email our team using an online enquiry form or contact us by phone on 0370 218 4025.