Accidents Abroad- What is the legal remedy?

While on holiday you are owed a legal duty of care. If an accident or injury occurs while you are abroad, depending on how you booked your vacation you will be owed a duty of care by either your hotel or travel agents.

Similarly, an unforeseen illness can occur due to the negligence of your hotel, airline, or travel agents. These circumstances may entitle you to compensation.

Eligibility- The Importance of a Package Holiday

If you or a family member has been injured while on your holiday abroad, you may be entitled make a claim for Damages in respect of personal injury. Accident abroad claims will often be made against the tour operator or travel company.  The travel company has a duty of care to ensure that their customer has a safe holiday. If the duty of care is breached and the company are negligent, they may be held liable and responsible for any injuries suffered.

One of the major requirements in relation to an action for personal injury on holidays is that a package holiday must have been booked at the time of purchase. A package holiday means that more than one component of the holiday must have been together such as both hotel and flights. The potential Plaintiff / Injured part must have been injured due to a mistake on behalf of the hotel. If this is the case, you can make a claim when you return home. The correct jurisdiction is that where the contract was formed between you and the travel company or tour operator.

For example, if your travel company was based in Dublin then your claim would fall under the jurisdiction of the Republic of Ireland. The same requirements apply regarding ‘package’ holidays.

I did not buy a package holiday

Even if you did not purchase a package holiday but instead booked it independently, you may be entitled to make a claim. As a customer you are still owed a duty of care from companies and organisations including your airline, hotel, local authorities, restaurants, and public transport operators

Regulations

One of the most fundamental regulations governing this area is Regulation 2 of the Package Travel Package Holidays and Package Tours Regulations 1992. This regulation outlines the definition of a package holiday.

Moreover, there are various regulations that will determine lost luggage claims. These differ depending on the country in which the incident happened.

For example; The Montreal Convention (Article 19).

This regulation establishes that the carrier or airline is liable for damage occasioned by delay in the carriage of passengers and/or baggage delay.

Types of Injuries

• Slips, trips, and falls;

• Accidents on excursions;

• Swimming pool accidents;

• Sports and recreational accidents.

What information should I retain?

• Booking reference;

• Contract/ Terms and Conditions;

• Travel Insurance Policy;

• Statement of events;

• Photos;

• Other evidence;

• Receipts;

The Legal Process

The process consists of the following steps:

1. The Initial Consultation;

2. Gathering evidence and proofs;

3. Calculating compensation;

4. Negotiating with the responsible party.

If you have experienced an accident abroad  get in touch with our personal injury department.