Accidents Injuries UK or Abroad, Food Poisoning Gastric Illness on Holiday
Unfortunately, despite precautions which people may take on holiday, food poisoning is becoming a more frequent occurrence especially on the inclusive package holidays around the world. What most people do not appreciate is that if a claim is brought in a foreign country then it may be possible to sue the tour operator in this country as there are regulations which protect holiday makers who holiday abroad and specifically when the holiday has been purchased for the tour party by way of an inclusive holiday.
These holidays may include the cost of accommodation, transfers, food, drink and even excursions off site. There is a strict legal criteria which defines exactly what constitutes a tour package holiday and it is important that a specialist lawyer trained in these types of cases is instructed and not a claims management accident company.
In terms of the types of illnesses covered this is quite wide ranging and includes the following symptoms:
* Watery diarrhoea
* Abdominal pains and cramps
Sometimes our clients have been diagnosed with salmonella, listeria, campylobacter, hepatitis A virus E, ecoli and in extreme cases, botulism.
Most people will not appreciate that in relation to these claims the level of compensation is far higher than domestic claims primarily due to the fact that the holiday as a rule is normally spoilt or ruined and there may be more than one member of the holiday party who have contracted the food poisoning. Even if the symptoms last for less than 7 days it may be possible to claim compensation. The rule of thumb is that symptoms must have lasted for at least 5 days and in such circumstances the claimant will recover in excess of £1000 for the pain, suffering and loss of amenity.
In relation to these claims clients can also pursue a claim for loss of enjoyment of the holiday and the person who booked the inclusive holiday with the tour operator will also be able to claim for a proportion of the cost of the holiday from the tour operator on behalf of all of the members of the party.
Strictly proceedings must be issued within 3 years of the development of the food poisoning and ideally who has contracted the gastric illness should immediately report the occurrence to the hotel receptionist and seek some form of medication from the local Doctor who will be called to the hospital to attend upon any patients at the hotel. In some circumstances it may be necessary for tourists to be taken to the local hospitals as there will be a significant element of dehydration and there will be the need for saline drips to be intravenously given to rehydrate the individual.
In the event that the food poisoning is contacted abroad then the governing legislation to pursue a tour operator in this country is the Sale of Goods Act 1979 and the Supply of Goods and Services 1982 and critically the Package Travel, Package Holidays and Package Tours Regulations 1992.
These pieces of legislation can only be pleaded against an EC member state.
In the event that the food poisoning occurs in England and Wales then the claim and be pursued under the applicable laws in this country.
Injuries sustained whilst on holiday in the UK or abroad :-
* The laws of England and Wales will apply to any accidents which occur whilst on holiday in this country. Any accidents which occur in Ireland or Scotland will have to be pursued by a law firm based in those jurisdictions.
* In relation to accidents which occur abroad then unless the accident involved a tour packaged holiday the claim will have to be brought against the hotel in the country where the accident took place.
* If the injured party was booked on an inclusive holiday then it may be that the tour operator can be pursued in this country. This is beneficial to an injured client on the basis that normally the award for compensation will be higher and the limitation period is far more generous than other countries around the world.
* Can I make a claim for compensation for an accident or injuries which have occurred on holiday in the UK or abroad or where I have suffered food poisoning whilst on holiday?
The answer is Yes. The comment above is merely an overview of the generic position but specifically advice should be sought by a specialist law firm depending upon where the accident or the food poisoning took place.
* What should I do if an accident abroad or suffer injuries on holiday in the UK or abroad or what if I do contract any form of food poisoning whilst on holiday?
If you are able to, you should immediately try to report the incident to the hotel manager or direct to the owners of the hotel so that they can report this in their accident or incident book. It is always a good idea to speak to other holiday makers to see whether they have, for example, contracted any form of food poisoning at the hotel or perhaps someone has tripped and fallen over a defect at their holiday resort in similar circumstances to yourself.
* How can Johnson Law Solicitors, Bolton Help me with my Claim for any of these Potential Claims?
Having had experience working for some of the top 100 law firms in the past on behalf of insurance companies in defending claims against claimants, we know exactly how to get the very best out of your claim by having the knowledge of how insurance companies will review cases of this nature and how to settle the claims quickly.
We have the inside knowledge of the tactics adopted by certain insurance companies and their own solicitors. The first available offer of compensation for injuries is not always the correct amount you should be receiving and Johnson Law will fight aggressively to get you the very best compensation for your injuries. we will not only claim for the highest possible level of compensation for your injuries but also we will seek to ensure we recover all other claims including out of pocket expenses, loss of earnings, rehabilitation costs etc.
We have specialist personal injury lawyers who deal solely with accidents and gastric illness claims of this nature and we are currently pursuing claims against all of the major tour operators in the UK.
Our offices are easy to find in the centre of Bolton, no appointment needed, just pop in for a chat to one of our friendly personal injury team who will guide you through the legal process. We also offer free home visits no matter where you are in England and Wales.
Call us free for legal advice on 0800 130 0699 or email us at: firstname.lastname@example.org