Injured On Holiday Abroad And Not Your Fault

Author:Giambrone Law ILP

If you have had an accident or been injured whilst you are on holiday abroad through no fault of your own, it is only reasonable and right that you should be able to some damages for another person's or organisation's negligence. There may be several options open to you depending on what actually happened. In the case of road traffic accidents there may be the option of suing the driver's insurance company. If an accident occurred during a package holiday there may be the option to sue the tour operator if the hotel's lack of adequate safety standards was instrumental in causing the accident. However, you should be aware that as far as safety standards are concerned, local standards apply, so if the hotel is constructed to a lower standard than generally found in England, for example, non-slip tiles may not have been installed around a swimming pool or thin glass may have been fitted to glass doors as opposed to shatterproof glass; you should be aware if the more robust safety measures are not usually present in the country you are visiting the hotel may not be deemed negligent.

Also, the tour operator will not be deemed to have failed in their duty of care by booking customers into a hotel that applies those lesser safety standards unless the standards are such that a reasonable guest may be expected to decline to take a holiday in the hotel had they realised that such standards prevailed prior to the holiday. In that case, should the lower safety standards be linked to an accident there will be liability. If such a case is brought against the tour operator it will fall to the injured party to demonstrate either that the...

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