Diana had been walking from her room towards the lifts when she suddenly lost her footing on water that had accumulated on the floor. There were no warning signs or barriers in place to alert guests to the hazard. Following her fall, she suffered injuries which required ongoing treatment and support.  

As the holiday had been booked as a package holiday through a UK tour operator, Diana contacted Thompsons Solicitors’ specialist cross-border personal injury team to investigate whether she could bring a claim. 

 

Proving what went wrong 

 

From the outset, the defendant denied responsibility. They challenged Diana's account of the accident and disputed allegations that the hotel had failed to meet the safety standards required in Mexico  

In overseas accident claims, it is not enough to merely show that an accident happened. It is often necessary to establish whether local health and safety requirements were breached and whether those failures contributed to the injury sustained. 

To build the case, Thompsons obtained permission from the court to instruct an expert on Mexican health and safety standards. The expert carried out a detailed review of the circumstances surrounding the accident.  

His findings painted a clear picture:  the hotel had failed to implement adequate systems for identifying and removing hazards; had not taken sufficient steps to prevent water accumulating in guest areas; and had failed to provide any warning signs despite a foreseeable risk of slips and falls. The conclusion was that the hotel had not complied with the safety standards expected under the local Mexican regulations. 

 

Defending the evidence 

 

Faced with these findings, the defendant made repeated attempts to obtain expert evidence of its own in support of its position. 

Thompsons successfully opposed those applications, arguing that the defendant had failed to identify any substantive flaw in the evidence already before the court. 

The court agreed and refused permission for the defendant to rely on additional expert evidence. This proved to be a pivotal moment in the claim, leaving the defendant with limited options to challenge the conclusions that had been reached by the expert instructed by Thompsons regarding safety standards at the hotel.  

By protecting the strength of the evidence already obtained, Thompsons ensured that Diana remained in the strongest possible position as the claim progressed. 

 

The outcome 

 

With the expert evidence remaining largely unchallenged and significant findings having been made regarding the hotel's safety failings, the defendant ultimately entered negotiations to resolve the case. 

The claim settled for a five-figure sum, together with payment of Diana's legal costs.  

For Diana, the outcome provided recognition of what had happened and helped secure compensation for the injuries that she suffered while on holiday. 

 

Injured while on summer holiday this year? 

 

An accident abroad can leave you facing uncertainty long after you've returned home. Our specialist Cross Border Personal Injury team helps people pursue compensation after accidents on package holidays and overseas trips. 

Learn more about our Cross Border Personal Injury team and how we could help you.