Holiday horrors

It is a fact that whilst most people return from their holidays unscathed, many others are less fortunate and have stories to tell which they might otherwise prefer to forget.   Should you or a member of your party be unlucky enough to fall victim to an accident whilst on a package holiday, do you know what things you can do to improve your prospects of advancing a personal injury claim when you return?   

If you booked your holiday through a tour operator, then your claim will inevitably be directed to them on the basis that they owed a duty of care to you when arranging the holiday for you.  A claim will usually be pursued under the Package Travel, Package Holidays and Package Tours Regulations 1992 and will be made on the basis of a breach of contract.  Regulation 15 stipulates that a tour operator's responsibilities are extended to cover the shortcomings of its agents (such as hotel staff, pool attendants or the tour guides etc) so the tour operator may be liable for damage or loss caused by the failures of a broader range of people, not just its own employees.   

The availability of documentation to support a personal injury claim is always crucial.  Indeed, it might even prove to be the difference between success and failure. A Claimant has a responsibility to prove his or her claim so holidaymakers are urged to do whatever they can to maximise their prospects of success.