Month: September 2011

Most people have an excellent time away on holiday and return home with fond and happy memories. Unfortunately though, that isn’t the case for everyone as some people experience a truly distressing and, in some cases, life threatening time whilst on their holiday if they’ve suffered from an injury or illness during their trip.

There have been many reports and cases of accidents and injuries whilst on holiday. The BBC reports of a British man who tragically died in 2010 whilst on holiday in Turkey. The Essex man and his teenage daughter went on a parasailing experience and the man’s safety equipment failed him, causing him to plummet to the ground. The family called for more stringent checks to be carried out on safety equipment and urged other holidaymakers to be cautious. This August a couple from Halifax were celebrating their honeymoon in the Maldives and were tragically killed in an accident involving a quadbike where the bike was unregistered and the driver did not have a licence. The police and local authorities are investigating the accident but it’s clear that someone was at fault in the tragedy.

Accidents can happen from sporting activities (such as in the above cases) but also from a range of other situations such as road traffic incidents, slips, trips and falls on the pavement or hotel grounds or on an aircraft, cruise ship or boat. Holidaymakers can also become ill whilst on holiday with food poisoning or bugs contracted from unhygienic facilities and conditions. If you’ve suffered an injury or contracted an illness whilst on holiday then you might be entitled to make a holiday accident compensation claim.

The claim you can make depends on the type of holiday and the location of the holiday. If your holiday was in the UK and you’re a UK resident then your case can be handled in very much the same way as any other personal injury claim . If the accident or illness was experienced abroad though then it can change how the claim is processed, for example, whether or not you can make a claim in the UK or in the country where the incident occurred. If your holiday was purchased as a package deal and includes flights, accommodation or transfers then the Package Travel Regulations allow a claim to be made in the UK.

If you where on a package holiday and had a slip or trip in the hotel you were staying in due to poor maintenance or if you had food poisoning from the hotel or maybe sustained an injury on your coach transfer which wasn’t your fault then you can enlist the services of a personal injury solicitor to make a holiday accident claim for you. The types of factors that can be taken into consideration with a claim will be physical, emotional and financial determinants. For example, if you sustained an injury whilst abroad and had to pay for medical treatment then you can make a case for claiming your medical expenses back and also receive some remuneration for the discomfort and anxiety experienced as a result.

As with all types of personal injury claim, it’s important to find a reputable solicitor who has experience of handling similar cases. Look for firms which are APIL (Association of Personal Injury Lawyers) accredited as this means their solicitors have achieved a certain standard or expertise and competence which has been recognised by APIL’s independent Academic Quality Council.

+Richard Meggitt

We all expect the products we buy from shops to be safe and this is a legal requirement placed on the producer, distributor or seller. However this legal requirement isn’t always upheld and there have been incidences where a product that has been used or consumed by a member of the public has caused an injury or illness which has led to consumers making personal injury compensation claims.

Product liability is ‘the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.’ Products are required to go through rigorous testing to ensure they meet regulatory standards before being sold to consumers and no company can plead ignorance to this requirement due to the wealth of information surrounding this on websites such as Business Link and the Department for Business Innovation and Skills amongst many others. If the necessary tests weren’t carried out, or the product goes on to develop defects and a member of the public is harmed then they might have a case for making a compensation claim.

Examples of cases where injuries can be sustained through products can cover a multitude of areas including food items, power tools, furniture, toys, medication, garden equipment, cosmetics and much more. If a product doesn’t have the necessary labeling on the packaging for the item then this could lead to injury. For example, if a baby toy has been labeled for the wrong age group then it could contain pieces which could harm a child. Also, if an ingredient has not been listed on a food item or a cosmetics item then if someone with an allergy consumes or applies this product then it could result in an allergic reaction which can sometimes be fatal. In other cases rogue items can be found in products which have been included by accident at the manufacturing stage or on a production line such as a shard of glass in a microwavable meal or a nail in a toy.

People can also claim personal injury compensation for physical and emotional trauma suffered due to the defective product which should also cover any financial losses experienced as a result of the incident such as days off work and medical and travel expenses. Product liability cases can be complex though as the claimant has to be able to prove that the product was the direct cause of the injury or illness. It’s important for claimants to consult the services of personal injury compensation solicitors when it comes to making product liability claims as they will be knowledgeable in the relevant legislation such as the 1987 Consumer Protection Act and understand how to develop the case and represent you for the most successful outcome.

It’s a legal requirement for companies to provide safe products for consumers and if you’ve experienced an injury or suffered an illness due to the poor design of a product, a manufacturing fault, hazardous materials in the makeup of the product, insufficient labeling on the packaging of products amongst other issues then you could be eligible to make a claim.

+Richard Meggitt