Accidents on
Holiday FAQs

If you’ve been on a package holiday with a British company, regardless of where in the world you have been, you may be able to claim for your holiday accident or injury in the British courts. Your British tour operator could be liable for your injury abroad if they made arrangements on your behalf, such as organising local day trips.

If your package holiday company is not liable for your accident abroad, then we can look at other avenues. Our holiday claims solicitors are members of the Pan European Organisation of Personal Injury Lawyers (PEOPIL). They work closely with lawyers throughout different countries and can get you the best local advice and help that you will need to deal with your holiday incident.

When you contact us, we will assess your situation and find the best and right way to deal with your holiday claim. However, what you can claim abroad differs from country to country and some holiday compensation claims have a set time limit.

Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

Pursuing a claim following an accident will not only ensure that you are properly compensated for your injury, but will also ensure that you are reimbursed for any losses and expenses that you have incurred. This includes any lost earnings or future loss of earnings, as well as the cost of medical treatment and travelling to appointments.

Claiming compensation will give you access to the best rehabilitation and treatment providers to maximise your recovery following the accident. The NHS provides excellent care at the acute stage following an injury but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input where appropriate.

Food poisoning occurs when food that is contaminated with harmful bacteria is eaten. Whilst the symptoms suffered are dependent on the type of bacteria ingested, common symptoms include diahorrea, vomiting, fever and stomach cramps.

Common types of food poisoning include:

• E.Coli (Escherichia coli);
• Campylobacter;
• Listeria;
• Salmonella.

The main responsibilities for all food businesses under the Food Safety Act are:

• to ensure retailers/producers do not include anything in food, remove anything from food or treat food in any way, which means it would be damaging to the health of people eating it;
• to ensure that the food served or sold is of the nature, substance or quality which consumers would expect;
• to ensure that the food is labelled, advertised and presented in a way that is not false or misleading.

The Act does not cover hygiene, which is dealt with by separate legislation, or food prepared in the home for domestic purposes. It does cover food prepared by child-minders in their homes for other people's children, and also extends to activities such as the preparation of food in canteens, clubs, schools, hospitals, institutions and public and local authorities.

If you have suffered from food poisoning that wasn’t your fault then you may be entitled to compensation.

In order to make a claim, the food product must be considered defective (found to be unsafe to eat). If you plan on making a claim, you will need to demonstrate:

• that the food was not safe (it contained bacteria capable of causing food poisoning);
• that you were ill (suffered food poisoning symptoms);
• that the cause of the illness was the unsafe food.

To assist in pursuing your claim we would recommend that you:

• seek medical attention as soon as possible to obtain medical reports of your illness;
• list everything you have eaten in the 24 hours prior to onset of food poisoning symptoms;
• keep relevant receipts such as restaurant bills or supermarket receipts;
• note contact details of any possible witnesses, including friends or family that have suffered with similar symptoms;
• report your illness to the relevant establishment as soon as possible and consider whether to involve Environmental Health, keeping a record of all reports and details of who you speak to.

The assessment of compensation, or damages, will depend on the duration and extent of the symptoms suffered. The majority of claims attract awards between £1,000 and £5,000. You are also entitled to claim any financial losses suffered as a result of your illness, including loss of earnings and the cost of medication.

A package holiday is any holiday that includes the pre-arranged combination of at least 2 of the following components, when sold or offered for sale at an inclusive price and when the service covers a period of more than 24 hours:

• transport
• accommodation
• other tourist services accounting for a significant proportion of the package - such as booking excursions

Holidays that fall into this category are regulated by specific laws. If you have suffered injury or illness whilst on a package holiday you may be entitled to compensation.

Personal injury or illness can occur whilst embarking, travelling on or disembarking an aircraft, during take-off, mid-flight or landing. Accidents can also happen at the airport before we even board the plane. Some common types of accidents are:

• slips and trips at the airport;
• food poisoning from airline meals;
• passengers being hit by falling objects, such as from the overhead luggage bins on an aircraft;
• hot food or drinks being spilled by cabin crew onto passengers;
• slips and trips when embarking or disembarking the aeroplane;
• lacerations caused by sharp objects or edges.

There are many different ways a person can be injured whilst on board a boat or a ship. Some of the most common accidents and injuries are slips or trips and food poisoning whilst on board a cruise ship. However, there are many types of accidents that can occur at sea and health and safety laws do still apply.