£35,000 for lady injured on holiday in Spain

Roger Loomes has obtained a £35,000 settlement for Mrs M, a retired lady who was injured while on holiday abroad.

Mrs M was holidaying in Spain with her husband and used the hotel spa where she was provided with flip flops to use in the shower and steam room. The flip flops were assembled by the spa attendant incorrectly (with the smooth surface of the sole facing downwards) before being handed to Mrs M. Having spent time in the hydro pool and then the shower, Mrs M walked into the steam room. The combination of the flooring, the moisture in the steam room and the smooth soled flip flops resulted in Mrs M slipping and falling heavily onto the marble floor. She sustained a nasty injury to her shoulder.

Roger comments: “Because Mrs M had been on a package tour holiday, we were able to pursue the claim in England under the Package Tour Regulations. Liability was hotly contested and it was necessary for proceedings to be brought. We engaged the support of Spanish lawyers and an architect through interpreters, who were able to supply evidence relating to the complex local standards and how the flooring in the steam room was in breach of these.

Eventually the insurers acknowledged the validity of the claim and paid just over £35,000 to compensate Mrs M for her injuries and related costs but not without challenging her at every turn about the extent of her suffering and the help that she needed to put her life back on track after the injury. Fortunately we were able to obtain sufficient evidence to refute these challenges.

Overseas claims like this are often more difficult for injured parties to bring and Mrs M required much help and support throughout the claim. We would be happy to assist anyone else who finds themselves in a similar situation.”