This was the initial problem that Emma had when she tried to gain compensation for tinnitus from a UK spa hotel for giving her acute tinnitus. The condition was caused by a fire alarm being set off in the room Emma had been staying in. However, the fire alarms had not been updated, they were still the old metal ‘ringers’ that had been commonly used until the 1970s, and the fire alarm itself had been placed the very peculiar position of halfway up the wall, above the head of the bed (fire alarms should be placed in nearer to the ceiling, so that a person will be woken up by it, but not suffer any ear damage as a result). The fire alarm was actually set off by accident by one of the night staff and Emma was awoken by what she describes as a ‘tremendous’ noise. The guests and staff of the hotel gathered in the designated safety point and then returned to their beds when it was announced that the drill had been a mistake and that there was no fire. Emma remembers that it was after she returned to her room, when the fire alarm had been switched off, that she began to hear an odd, ringing sound, especially in her left ear. This left her unable to sleep at the time, though she hoped that it would die down.

However, the ringing noise did not die down and when Emma retuned home, she was faced with the same recurring problem of losing sleep due to this buzzing sound. She decided to visit her GP and described her symptoms to him. Her GP said that her symptoms sounded very much like noise-induced tinnitus and that Emma should do her best to avoid exposure to loud noises from now on. Emma recalls being ‘furious’ at the news, as she knew that it was the unnecessarily loud alarm at the hotel which must have brought on the tinnitus. It was at this point that she decided she wanted to look into making a claim for compensation for tinnitus. As a journalist for a local paper in Lincoln, she had many friends and colleagues who covered cases on compensation claims. Emma decided to take it upon herself to ask one of her colleagues for their advice on the matter. However, the advice Emma received was that she would find it extremely difficult to prove that she had tinnitus as she was suffering from the subjective type – she could not offer any physical evidence for her ailment.

Emma was therefore pessimistic when she approached lawyers to ask about gaining compensation for tinnitus. Her lawyers advised her to go back to her doctor and get a full medical note and examination concerning her subjective tinnitus. Emma did exactly this and returned to her solicitors with the information. The note actually stated that the description of the tinnitus Emma gave, along with the accuracy of her description and obvious lack of sleep was enough to prove beyond reasonable medical doubt that Emma was indeed suffering from acute tinnitus. Emma’s solicitors went on to gain for her the full amount of compensation for tinnitus. This case study should show that even though subjective tinnitus cannot be proven, a strong case can still be made and compensation for subjective tinnitus can be gained.

Michael was holidaying in Marrakech on a business trip as a sustainable business consultant with his firm. They were staying in a luxury hotel as part of a team building exercise and brain storming seminar. Michael had thought that this hotel looked like the least likely place for any type of food poisoning to occur. This was, unfortunately, not the case. On the second evening in the hotel, Michael began experiencing excruciating stomach pains and was unable to move from the hotel room bed. Eventually food poising symptoms began to show themselves. Michael was taken to the nearest hospital, where they rehydrated him and told him how to best recover. On returning to the hotel, the symptoms continued for another three days. Michael knew that the hotel’s food must have been responsible – he had eaten nothing else since arriving in Morocco.

It was how Michael’s trip to Marrakech was organised that led to him eventually gaining compensation for food poisoning. The trip had been organised by Michael’s consultancy company through a business travel agency who had a special arrangement with the Moroccan hotel. The paperwork between Michael’s consultancy and the travel agency stated that their business prided itself in ‘providing the ultimate business retreat service, including meeting room requirements, social arrangements and appropriate cuisine’. This statement in the contract between Michael’s consultancy and the travel agency proved to be exactly how Michael gained compensation for food poisoning whilst abroad. His case was a strong one against the business travel agency and they provided Michael with the full amount of compensation for food poisoning. They also took full responsibility for the incident and sent a team of professionals to Marrakech in order to inspect the food preparation process in the hotel kitchens.

Our second case study demonstrates an instance where the hotel itself was held responsible and fined compensation for food poisoning as a result. Rita was on honeymoon in a hotel in New York when she became a victim of food poisoning. This obviously ruined Rita’s honeymoon and she was highly distressed about this fact. Rita actually notified the hotel in New York whilst she was staying there about her food poisoning. It turned out that a number of people staying in the hotel were suffering from similar symptoms at this time. The hotel did some investigations itself and came to the conclusion that some chicken left over from the day before had been left uncovered and unrefrigerated overnight and accidentally served as dinner the next day. The hotel did offer the guests who had suffered from food poisoning a night’s free stay at the hotel, however Ritadid not think this was adequate compensation for food poisoning.  She did not want to change her flights to stay another night and she could not foresee herself and her husband travelling to New York at any time in the foreseeable future.

When Rita returned home she sought legal advice to see what could be done about the incident. The hotel in New York actually had a UK office and this made it easy to begin talks about Rita claiming compensation for food poisoning. The hotel agreed that the incident had been entirely their fault and agreed to pay the full sum to Mr Pembroke.

Laura booked her family’s holiday to Tunisia in March 2009 for the following August. The online images on the booking agent’s website which Laura viewed of the hotel resort looked idyllic and brand new. This was not actually the case: when Laura and her family arrived at the hotel in Tunisia, they found that most of the hotel was an unfinished building site and that their own room had not yet had adequate toilet and bathroom facilities installed. After Laura had got over the initial shock of arriving at this mess, she rang the booking agent she had used. Laura reported that the booking agents were ‘useless’ on the telephone and that she and her family had no choice but to stay in the hotel until their booked flight home (in two weeks’ time), as they could not afford to pay for extra flights. The stay proved to be disastrous from beginning to end. The family were forced to use what Laura described as ‘disgusting’ toilet facilities, which Laura felt convinced gave her family a nasty stomach bug. The resort itself only had a very sparse pool area and a very small bar which was hardly ever manned. The internet booking site had claimed that the hotel was ‘a short walk from the beach’. Again, this statement fell short of the truth, as the Laura’s family were forced to take an uncomfortable bus journey if they wanted to reach the beach. To add insult to injury, the family then had to pay in order to get onto the beach itself for the day, as it was owned by another hotel complex.

Laura, although understandably extremely angry about the situation she found herself in on holiday, took the initiative to take photographs of the hotel resort she and her family were forced to stay in. She got a number of very clear shots of the unfinished reception, pool area and rooms. She also managed to get some telling photographs of the below par toilet facilities in their hotel room. Although Laura at this time was not completely sure of how to go about making a holiday claim, she knew that having photographic proof of the unpleasant two weeks may give her argument some extra weight.

On returning home, Laura telephoned the booking agents a second time. They were, for a second time, very unresponsive, unhelpful and dismissive of Laura’s problem. This was the final straw that made Laura seek legal advice. It was with her hotel photographs that she was able to document each inexcusable failing of her holiday. Solicitors were able to use these photographs directly in order to compose a strong case for Laura’s holiday claim. Without the photographs, Laura claims, she is not sure that making a successful claim would have been so easy.

It was also the photographs that Aleem took on holiday which proved his holiday claim to be a strong one. When on holiday in Cos, Aleem was staying in an apartment complex located very near the sea. The apartments were furnished, with full kitchen facilities, a living area and a bathroom. On Aleem’s second morning in the apartment, he sustained a serious shoulder injury when the considerably heavy shower head fell off away from the wall and onto Aleem’s shoulder. The plaster had obviously not been fitted properly around the supporting structure of the shower head. After Aleem had got his injury seen to by medical professionals, he went straight back to his apartment in order to take photographs of the area around where the shower head had fallen from and also of the shoulder injury itself. When Aleem returned to the UK, he found that his photographs proved that the shower head had not been fitted to the shower wall properly. Without this proof, his holiday claim would not have been successful.

Jeff and his wife had been looking forward to their wine tasting trip for a long time. They travelled to Tuscany, where they stayed with three other couples in an old, traditional house, situated on the edge of some vineyards. On the third day of their trip, the group were offered the chance to visit a picturesque nearby town, which was about an hour’s drive away. Jeff and his wife did not have their own car and the owner of the house they were staying in (who had also organised the wine-tasting holiday) said that they would give them a lift in their car. Jeff and his wife agreed, though noticed afterwards that the car had no seatbelts fitted in the back seats. Jeff expressed his concerns, though eventually gave into pressure from the host and the rest of the party, before getting into the car.

About twenty minutes into the drive, it began to rain very heavily. The driver of the car, however, did not appear to slow down. This led to the car skidding into a roadside hedge. Jeff sustained a serious break in his right leg as a result of this car accident. He was taken to the nearest hospital and the break was treated and put into plaster. Needless to say, the remainder of Jeff’s holiday was ruined by this accident as they were not able to visit any other vineyards or even go on a walk in the surrounding area. Jeff and his wife stayed until the end of their holiday and began to wonder about the process of making a holiday accident compensation claim. They decided to look into it and get some proper legal advice on their return to the UK.

It was when Jeff and his wife came home that the real implications of his leg injury began to surface. As a self-employed driving instructor, Jeff was unable to earn a salary for many months. This led to a significant financial loss for Jeff – something they thought that they should also be able to receive some holiday accident compensation for.

After getting the right advice from the right people, Jeff went ahead with making a holiday accident compensation claim. His holiday accident compensation claim was successful and Jeff no longer needed to worry about the loss of salary incurred by his broken leg.

A similar accident happened to Jack in 2010 when he was on a holiday with friends in Ibiza. The villa Jack was renting had a wooden decking area with a Jacuzzi pool in the middle of it. One day after lunch, Jack began to make his way towards the pool, while he was doing so a plank of the wooden decking gave way beneath him and he cut and broke his ankle in several places. Having no experience of compensation claims, Jack was completely unsure of how to go about making a holiday compensation claim – although he believed that he was entitled to a compensation sum. When he returned home with his ankle still in bandages, he looked into how easy it would be to make a holiday accident compensation claim. He found that the process was surprisingly straight forward – more straight forward than he would have previously assumed – and decided to go ahead with claiming for compensation. Jack felt that the villa he had been renting had obviously been faulty; the decking should not have been in such a bad state so that it could break under one man’s weight. With this in mind, he made his holiday accident compensation claim and won a sum of money for his injury.

Both of these case studies should show that if you do suffer an injury abroad, it is important to seek out the correct legal advice, as you may be eligible for holiday accident compensation.

Holiday claims can result in financial compensation for the heartache of a holiday from hell but unfortunately a holiday claim cannot replace a lost holiday.

Many holiday claims are as a result of unexpected incidents that travellers are not prepared for. In recent months, industrial action by cabin crew and other airport workers has resulted in cancelled flights and in some circumstances a back log which meant passengers missed several days of their holiday. Thankfully, the majority of flights arrive with little or no delay, but the unexpected can strike at any time. Something that is seemingly innocuous such as the transfer from airport to hotel can have disastrous consequences. In June 2011, a bus carrying passengers to an airport in Turkey was involved in a horrific crash in which 5 people were killed and many others including five British holiday makers were hospitalised with a range of injuries such as fractured limbs, serious head injuries and concussion. One of the passengers on the bus said that “It was terrifying. We were just driving along this road and suddenly there was a massive bang and the next thing I remember is being pulled through the coach window.”

The main causes of holiday claims are incidents that occur at the hotel. A Blackburn family took a holiday tour operator to court after they suffered from salmonella and other gastro intestinal diseases after eating undercooked food and using a swimming pool contaminated with faeces. The family break which cost £3,000 at an all inclusive resort in Sarigerme, south west Turkey, was ruined due to illness which was caused by undercooked barbecued food, and uncovered food which was infested with flies as well as chicken which was served still pink in the middle. The claimants also said that staff failed to clear away vomit from the hotel restaurant properly, that drinks were served in dirty plastic cups and in the pool, the lifeguards asked guests to remove faeces from the pool instead of cleaning the water properly. After falling ill, the family missed almost all their holiday and began legal proceedings against the tour operator upon their return home.

A holiday can also be ruined by a personal accident. This doesn’t just happen in hotels but could happen at any time. A frail pensioner has spent the past year in and out of hospital after a holiday accident which also left her husband injured. The accident happened whilst the couple were disembarking from the aircraft after cabin crew refused to help them down the steps of an airplane shortly after landing in Cape Verde. The elderly couple both had difficulty walking, and in everyday life, they relied on sticks to get around. Because of this, they had pre-arranged with their tour operator for someone to help them off the plane. Unfortunately, the tour operator representatives failed to turn up, and concerned about turnaround times, the cabin crew began to usher the couple out of the aircraft. Unfortunately, Mrs Constance fell  from the top of the stairs to the runway below where she suffered serious head injuries and was temporarily knocked unconscious.

The couple are now seeking compensation from the tour operator who denied liability.

Anyone travelling abroad on holiday should ensure that they have adequate travel insurance to cover the entire duration of their trip. Should an accident happen, then they should be covered against medical costs incurred. This is especially true if the holiday is involves risk, such as a winter sports break or if the holiday is to a country where medical bills can run into hundreds or thousands of pounds such as the USA, making travel insurance essential.

However travel insurance does not cover all the costs of a ruined holiday and cannot compensate for the pain and suffering caused. If your holiday has been ruined because of negligence, you may be able to make a claim for compensation. Gather as much evidence as you can whilst you are still on holiday. This could include photos or written notes of details that you could forget later. On your return, speak to a solicitor with expertise in this area. They will guide you through the process of claiming compensation and what information you will need. A solicitor with plenty of experience and expertise will help you to achieve the maximum compensation that your claim deserves.

Unfortunately, stories like this are all too common.  A Which? Magazine report found that the worst destinations for holiday illness are Peru, Kenya, India and the Dominican Republic but illness can strike anywhere. In fact, a study found that 40% of British travellers abroad suffer from food poisoning and this can lead to a holiday claim when holiday makers return home. Stories of diarrhoea, salmonella, E.coli, shigella, cryptosporidium and dysentery abound on travel websites. All inclusive hotels are amongst the worst offenders because food can be left out for long periods and viruses and bacteria can be spread on buffet serving spoons.

Sometimes the cause of food poisoning seems obvious. One family reported rats by their hotel pool and in the bar area, bird faeces on tables and undercooked food. They suffered severe gastric illness. Another family visiting Egypt noticed that food was undercooked and the chef was seen to handle food after touching raw meat. They suffered from suspected Cryptosporidium.

However, sometimes the cause of illness is not so obvious. A British traveller to Morocco suffered from Compylobacta despite drinking only bottled water and noticing no hygiene issues in the hotel. Because the symptoms of food poisoning usually begin 1 to 3 days after contact with the virus or bacteria, the exact cause can be difficult to determine.

Food poisoning can be caused either by a virus or bacteria. The most common symptoms are vomiting, diarrhoea and stomach cramps. Other symptoms can be fever, chills, headache and muscle ache. One of the main problems is dehydration and doctors recommend drinking plenty of fluids to counterbalance body fluids lost through vomiting and diarrhoea.

There is always a risk of illness on holiday but holiday makers can reduce the risk by taking precautions such as washing hands and staying alert to hygiene issues at hotels and restaurants. If illness does occur because of negligence, you may be able to put in a holiday claim and receive compensation.

One woman was left critically injured after being blown into the air by the exploded steam pipe. She was badly burned and sustained a serious head injury. Following the accident she needed treatment in a Spanish intensive care unit.

Her friend seriously injured her leg in the blast and suffered serious shock. Both women are expected to recover, but could experience long term health problems as a result of the blast

The explosion happened with no warning and the violence of the explosion left passers by fearing they were in the middle of a terrorist attack. In an interview with the press, the husband of the critically injured office worker said: “I thought at first a Bomb had gone off.  There was this huge bang and the ground shook and I was covered in clouds of dust which blocked off everything.”

The husbands of the women were walking a few steps in front. Though they were unhurt in the blast they were said to be ‘in shock’ following the explosion.

Hotel Accommodation: Holiday Claim Danger

The accident has left people asking questions about the hotel’s safety records, and the safety standards in hotel accommodation generally. Every year thousands of tourists are injured in hotel accidents. Some are so serious that dozens of people are killed or critically injured. Others hotel accidents are smaller and less severe, but holiday claim records show they can still cause long term disability and trauma.

If you have been injured in a hotel accident caused by negligence, then you could be entitled to compensation through making a holiday claim.

Jane from London is a winter holidaymaker: “We used to go away to France every summer but the weather isn’t much better over there and it’s not as cheap as it used to be. Now we stay in the UK in August, and go away somewhere hot and sunny in November. This year we flew to Barbados…to enjoy a cruise and some much needed sun worship….’

Winter Holiday Dangers

Travelling in winter can save you money, but there are dangers to travelling in the winter months. In winter, the number of holiday claims are high, despite the lower number of tourists. This suggests that personal injury is a serious risk for people travelling between November and March.

1)      Accidents In Airports

In winter, you have more chance of a serious accident in the airport when leaving or returning to the country. Wet floors from the rainy weather present a tripping and slipping hazard, and many people fall in the airport and break their ankle, arm or leg.

2)      Darkness

For tourists travelling to enjoy winter sports or the beauty of snow covered mountains, the long dark nights can be dangerous. Tourists using hire cars have more crashes in winter and collisions with animals and pedestrians are more common.

3)      Winter Sports

Winter sports can be exciting, but they are also the cause of many winter holiday claims. Accidents on the slopes can be caused by negligent skiing and snowboarding companies who offer substandard equipment or training.

Holidaymakers should check their terms and conditions before travelling and double check that their travel company and sports instructors have been officially approved by their regulating bodies.

4)      Accommodation

In winter, accommodation can have more dangers – especially in colder climates. Slippery floors, broken heating systems and snow and ice hazards can  lead to holiday claims for tourists who are unused to these dangers. Carbon monoxide poisoning is a serious risk in winter. Tourists should ensure their heating has been recently approved to meet safety standards.

5)      Food Poisoning

Many tourists suffer from food poisoning on winter holidays – especially in warmer climates. Food poisoning outbreaks are common on winter cruises, and many holiday claims are made after an outbreak of e-coli or norovirus. Avoid salads and tap water unless you are sure they are safe.

In Barbados, Jane soaked up the sun until the third day of her holiday, when a food poisoning outbreak swept through the cruise ship:

“They think the bug came from a seafood cocktail we had at a formal dinner. The next day, half of the ship was sick. The boat had to be quarantined. I didn’t get to see much of the Caribbean except a hospital ward. I was so ill, and so angry. You trust that the food they serve will be safe’

Holiday Claims

Winter breaks can be fun in the sun or a holiday nightmare. If you believe you have been injured on holiday and it wasn’t your fault, then you could claim compensation to recover the damages.

Macks Solicitors are experts in holiday claims. Our experienced legal team offers a quality, caring service to all our clients. We understand the trauma of a holiday accident and take the time to understand your individual case. For maximum compensation, call us today to find out how much you could claim, or complete our online holiday claims form.

“He looked dead – I can see his face now. I’ve had nightmares…”

Emergency services were called and the critically injured holidaymaker was rushed to hospital where he regained consciousness. He is expected to recover, but medical staff in the Spanish hospital believe he may never walk again. Friends and family are raising money so he transported to his home near Ebbw Vale, Wales, home, to be close to the people he loves.

In media interviews, friends and family told how the 28 year old factory worker had suffered ‘troubles’ in recent years – losing both of his parents in quick succession. The holiday was meant to be a rest to help lift his spirits. One friend who travelled to Magaluf with him said “He was all excited. He was like a bottle of pop”

Swimming Pools: The Holiday Accident Danger

The 28-year-old’s story is far from unusual.  Swimming pools, Jacuzzis and water parks are a serious holiday accident risk.

Each year thousands of British people are injured in swimming pools, both at home and overseas. Children are the most at risk, but many adults are critically injured in swimming pool accidents every year.

Common causes of poolside injuries are:

·         Slips and trips by the side of the pool

·         Swimming whilst drunk or intoxicated

·         Loose tiles on the side of the pool

·         Poor maintenance of the pool

·         Puddles of water that are not marked with hazard signs

·         Slipping from ladders whilst entering or leaving the pool

·         Colliding with other pool users

·         Head injury on the side of the swimming pool

·         Difficulties when swimming – cramping,  choking or drowning.

Tripping and Slipping Danger

In the case of the injured Welsh tourist, it is believed his life threatening holiday accident was caused by a simple poolside slip.

His friend was quoted in the media, saying:  “When I seen him the next day in hospital I asked him what was wrong and he said he must have crossed his foot over and could not get his balance.

“He hit his head on the side of the swimming pool.”

This type of fall can be particularly dangerous as they often come ‘out of the blue’ and give people little time to protect themselves from the impact.

Next to water, holiday accident slips and trips can be fatal, particularly if the person looses consciousness. Many trips and slips are unavoidable accidents, but some are caused by negligent swimming pool owners.  There have been many cases of pools in such bad repair that it is hazardous to walk alongside them.

Loose tiles, damaged floors and broken equipment such as ladders and slides are the sign of a swimming pool in bad repair. When faced with such a dangerous situation – tourists have a right to demand that the hazards are fixed.

If a holiday accident in a dangerous swimming pool has led to health problems, then personal injury compensation can often be recovered.

Jim Barber, is the US spokesman for the National Association of Amusement Ride Safety Officials. Speaking about inflatable children’s rides he said:

“You see more injuries on inflatable’s than almost any other amusement ride you can think of — more than roller coasters.”

Are Bouncy Castles Really a Holiday Claim Risk?

Children in the UK and Overseas have been injured on inflatables. In Jacksonville, Florida, an inflatable bouncy castle blew into a nearby pond with a 5-year-old girl still inside it. The accident happened so suddenly that family members and neighbours only just saved the girl from drowning.

“All of a sudden the wind came from nowhere and it blew over in the lake with my daughter inside of it,” said the girl’s mother

Common Accidents on Bouncy Castles:

Children are frequently injured by:

• Bumping into other children
• Falling off the bouncy castle
• Tumbling from inflatable slides
• Becoming tangled or burnt by netting
• Landing badly during unsupervised ‘gymnastics’
• Bouncing on stones or glass if the castle isn’t correctly inflated

These minor injuries can lead to cuts and bruises, concussion, broken bones, sprain ligaments, scarring, and permanent eye damage.

Common Causes of Death and Serious Injury on Bouncy Castles:

Death on a Bouncy Castle is rare, but usually caused by:

• Fire
• ‘Blowing away’ on a loose castle – leading to drowning or suffocation
• Broken necks after bad falls
• Spinal injuries
• Brain injury following a knock to the head
• Suffocation in deflated plastic
• Strangulation in the netting

Children and adults can be injured on inflatable rides because of somebody else’s negligence. Many owners of inflatable attractions have been prosecuted over the years for their poor health and safety standards.