Click here to access our online conveyancing system

Accidents Abroad

The TV programme “Watchdog” has highlighted the hazards of taking holidays abroad and staying in hotels where the local safety standards may not comply with the high standards imposed in the UK.

You would expect that this should not be a problem if you have booked your holiday through a reputable Package Tour Company but, as “Watch Dog” indicated, this is not necessarily the case.

So, if you buy a holiday in a foreign exotic location, part and parcel of what you buy are the standards and rules applicable to the location. Therefore, where there is no breach of local standards there is no claim, however seriously you have been injured.
That said, where the brochure states that the hotel had the level of a four star luxury hotel it may be possible to argue that British Standards should apply.

Also, if the Tour Operator is a large concern a claim could be brought on the basis that the operator should have thoroughly checked the premises to ensure that they complied with British Standards, where there is a foreseeable risk of injury.

It is not at all straight forward and you cannot rest easy in the expectation that the Tour Operator will pay compensation just because you have been injured abroad.

Your holiday insurance may not cover you as (almost invariably) the legal expense provision in travel insurance policies attached to package holiday will deliberately exclude the ability to bring a claim against any of the components of the package holiday.

If you have been injured and you want to bring a claim, you need expert legal advice. Ridley & Hall’s specialist, Janet Watson will advise you about bringing a claim. The firm offers “No Win, No Fee” agreements so that cost need not be an issue.

It is important to get advice as quickly as possible as time limits in the UK are 3 years from the date of the accident but are different in other countries.

If you would like any advice on this issue please call Janet Watson on 01484 538 421 or email janet.watson@ridleyandhall.co.uk