Accidents can happen even over the holidays

Roger Loomes of Ashton KCJ

Roger Loomes of Ashton KCJ - Credit: Archant

Legally Speaking with Ashton KCJ

Many of us like to avoid the cold weather and Christmas festivities and will be heading abroad for sunnier climes or visiting family and friends away from home.

Unfortunately some of us will be involved in accidents and suffer injury whilst away, through no fault of our own.

If you booked your holiday through a travel agent, it may well be that they would be liable to pay compensation if you suffered injury through someone else’s negligence.

In these circumstances, you don’t have to worry about pursuing the foreign individual or company, even if your injury occurred away from the hotel – for example, on a day trip or arranged sporting activity. You would also be able to claim compensation against your travel agent if you suffered food poisoning whilst dining in the hotel restaurant or on an excursion.

It is, however, important to remember that the obligation upon the travel agent (and their representatives, e.g. hotel staff) is not the same as here in the UK.

They have to meet the standards applicable in the country where the injury occurred.

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If you are unfortunate enough to be injured abroad, take photographs and obtain as much information as possible.

Report it immediately to a member of staff and your travel representative.

When you return to the UK take legal advice at the earliest possible opportunity. This is important because there are very strict time limits for bringing a claim for injuries suffered abroad which vary from country to country, and depend on the circumstance.

Foreign expert evidence may well be required.

This is all well and good if you booked your trip through a travel agent but what happens if you are visiting family or friends, have an accident and are injured? It’s a tricky situation, you might be thinking there’s no way you can claim against someone you know. Their home insurance policy should cover any personal injury claims made against them.

Roger Loomes, Personal Injury specialist at Ashton KCJ said: “Unfortunately, accidents can and do happen even when we are enjoying ourselves whilst we are away. To help us to help you, it is important that legal advice is sought sooner rather than later. As the old saying goes, there’s no time like the (Christmas) present….. groan!”

Ashton KCJ offer a free assessment for all personal injury claims and comprehensive no win no fee funding arrangements.

Roger Loomes

Personal Injury Executive

Ashton KCJ Solicitors

T: 01473 261375


This article is for general information purposes only and does not constitute legal or other professional advice. We would advise you to seek professional advice before acting on this information.