Lyn Wesley was enjoying a package holiday in Spain when an accident by the hotel swimming pool changed everything. 

While walking across a wet surface adjacent to the pool area, Lyn slipped and fell, suffering a serious fracture to her elbow. The injury had a significant impact on her daily life and recovery was far from straightforward.  

Believing the accident could have been prevented, Lyn turned to Thompsons Solicitors’ specialist cross-border personal injury team for help. 

Investigating what went wrong 

As the trip was booked as a package holiday, the claim was brought against the tour operator under regulations that can hold holiday providers responsible where accommodation or services fail to meet the required standards. 

The key question quickly became whether the hotel had complied with Spanish safety requirements. 

To answer this, Thompsons instructed a specialist Spanish expert to inspect the area where the accident happened and carry out slip-resistance testing. The expert concluded that the flooring failed to meet the anti-slip standards required under Spanish building regulations. 

The tour operator denied liability and obtained expert evidence of its own. This led to a detailed dispute over the condition of the flooring, the standards that applied to the hotel and whether improvements made at the property meant that it should have complied with more modern safety regulations. 

The litigation became increasingly complex as the trial approached. 

The court's decision 

After hearing detailed evidence at a trial, the court found in Lyn's favour. 

The judge accepted Thompsons' expert evidence and concluded that the relevant Spanish safety standards applied. The court also found that the flooring failed to meet those standards and that the tour operator was liable for Lyn's injuries.

The judgment also contained criticism of the defendant's expert evidence, with the court expressing concerns about its independence and reliability. 

The outcome 

Lyn was awarded a significant five figure sum in damages, together with interest and legal costs. The successful outcome provided compensation for the injuries she suffered and brought a hard-fought case to a close. 

 

James Riley, national lead of the Cross-Border personal injury team at Thompsons, said: “Unfortunately the resistance that was shown by package tour companies in Lyn’s case is not uncommon. Lyn’s determination and resilience to seek justice following her accident is a testament to her, and I’m very pleased that we were able to support her through her case and achieve such a good result.” 

 

Need advice after an accident abroad? 

Our specialist cross border personal injury team helps people who have been injured while travelling, or on holiday overseas. 

To learn more about our cross-border personal injury team and how we could help with your claim, call 0800 224 224 or submit an enquiry form.