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A Personal Injury Claim Arising Out Of An Incident On Holiday

View profile for Deborah Parkinson
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It is extremely disappointing when a holiday is ruined by an accident or illness abroad.

Accidents pursued under travel law come in varying forms and are subject to different procedural rules and regulations. 

Some holiday makers suffer food poisoning at their all inclusive hotel or suffer an injury following an accident at their hotel accommodation. i.e a hotel slipping accident or a hotel swimming pool incident. These types of incidents fall within the responsibility of the tour operator who sold the package holiday organising both the flights and accommodation for the holiday maker. The Package Travel, Package Holiday and Package Tour Regulations 1992 apply.    

Holiday makers may suffer an accident on the plane e.g. hot coffee being spilt over them by the cabin crew. These incidents are the responsibility of the airline. The Montreal Convention applies incorporated in to English Law by the Carriage by Air Act.

There are instances where some holiday makers book their cruise of a lifetime, but it is spoilt by an accident on board the cruise liner e.g. an injury caused by using a faulty sun lounger. These incidents are the responsibility of the cruise operator. The Athens Convention applies incorporated in to English Law by the Merchant Shipping Act.

With the expansion of free movement in Europe, more and more holiday makers are confident driving in Europe and often book car hire abroad, or they may choose to cycle the hills of Europe’s mountains. But sadly road accidents can occur. In these incidents what is known as the Rome II Regulations apply that governs the law applicable to all member states. So, if an English tourist is injured in a road accident in France, caused by a French national, the personal injury case can be brought in England by English solicitors.  However, the damages award is settled as if French law applies.

Travel law is a complex area and specialist legal advice is required in all these instances, due to the many quirks of the governing substantive law/regulation and the procedural aspect that differs in each scenario.

At Fieldings Porter we have the expertise to guide you through the law and fight your corner achieving the best possible settlement. We are monitoring what impact Brexit will have on travel law, but for clarification of your situation, please call our Personal Injury team.