An accidents and injury abroad claims specialist at Hudgell Solicitors says the case of a 10-year-old boy who was hospitalised after suffering an allergic reaction to nuts in a Benidorm hotel highlights how families must be ‘extra vigilant’ to dangers when on holiday.
Lucy Hughes represented the family of the boy, who has a severe airborne allergy to nuts, in a legal case against online tour operator On the Beach.
He had been holidaying with his family at the Magic Tropical Splash resort in Benidorm, Spain at the time.
Due to the danger posed to him, his mother had made staff at the hotel aware when checking in at the start of their holiday and also discussed her son’s condition with the hotel chef and kitchen staff.
They had agreed on suitable foods for him to eat, and for some to be removed from areas where guests served themselves as part of all-inclusive holidays. The boy also wore a Medic alert bracelet to highlight others to his nut allergy.
However, on just the second day of their holiday, the boy went into anaphylactic shock just minutes after having ice cream from a freezer section, having been told by a waiter that it was vanilla, when in fact it was hazelnut.
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Son’s lips went blue as he went into anaphylactic shock
The boy’s mother said she was shocked by the mistake given she’d had detailed conversations with managers and kitchen staff just the previous day, and that it was frightening as there appeared a lack of urgency from staff to respond. She said:
When my son came over to me, I noticed the lid on his ice-cream was different to the vanilla one he’d had the day before and within minutes his lips went blue and he went into anaphylactic shock. He’d only licked the lid, so that shows how allergic he is.
It was frightening because the staff insisted on seeing our insurance documents before calling an ambulance, whilst I was trying to make it clear it was a life-threatening situation. I had to run up to our room to get them.
I always have two EpiPens with me so I injected him immediately, but he needed to be admitted to hospital overnight and placed on intravenous antihistamine, and then he was poorly for the rest of his holiday, as he had no energy and just couldn’t enjoy himself.
Legal claim brought under package holiday regulations
As part of the package holiday injury claim, led by Mrs Hughes, it was alleged that On the Beach – as the holiday provider – had failed to meet requirements under the Package Travel, Package Holidays and Package Tours Regulations.
It was also alleged that the hotel’s failure to inform the boy that the ice cream contained nuts and ensure he didn’t come into contact with them, surmounted to a breach of duty.
Despite no admissions of liability being made, legal representatives acting on behalf of On The Beach offered the family an out-of-court damages settlement of £2,500, which was accepted.
‘Lessons must be learned’
The mother-of-three said the case had not been about money, but ensuring lessons were learned and awareness improved. She said:
At the end of the day this could have been a much more serious outcome, so I am grateful that my son is still here. Others have lost their lives in similar situations.
I wanted lessons to be learned. Things are getting better but there is still a long way to go in terms of allergy awareness.
When we arrived at the hotel they made all the right noises. The managers talked through everything with us and we were able to discuss in detail the foods being served, but sadly the message didn’t get passed on to all the staff, and that’s where it fell down.
My son has had this allergy since being six, so he was aware. He even asked a staff member as he took the ice cream tub, as the writing was not in English, and he was told it was fine.
He trusted that adults were looking out for him, so it was a lesson for him too.
It put him off going on holiday abroad again, but we have since been back to Spain and the hotel we stayed in this time was much better, with clear signage in different languages.
Hopefully, things will continue getting better, as I don’t think people truly understand the risk unless you live with it. I’m a fussy mum who’s on alert at all times. Had I not been this could have been much worse.
Clear policies and procedures required at hotels
Lucy Hughes, Litigation Executive at Hudgell Solicitors, said:
Having clear policies and procedures with regards to supporting people with food allergies is of paramount importance for the hospitality industry, with regulations very clear that all businesses supplying food to the public must make consumers aware of any allergens.
Hotel operators will naturally encounter many situations, especially over the summer months, where the language barrier can cause confusion, but it is down to them to ensure systems are put in place to overcome this problem.
In this case, it was clear that the member of staff who was asked by the boy about the ice-cream was unaware of the nut content, and this lack of knowledge about the food products being served placed him at risk.
It is important that hotels and restaurants clearly communicate the presence of any potential food allergens in the food they serve, and that all staff are aware of who may be at risk.
In this case, the boy’s mother had made every effort to ensure she had done all that was required to make people at the hotel aware. Despite this, the mistake still happened.
The hectic nature of the summer holiday market, the huge numbers of people who go through hotels in popular reports, the nature staff being recruited on a temporary basis, and also the issues with shift changes and breakdowns in communications, makes it an environment where things can get overlooked, and accidents happen in their thousands each year.
The responsibility to properly protect people is on hotels and holiday package operators, but at this time of year we always remind holidaymakers to be extra vigilant, whether that be with regards to food allergies, or the upkeep of hotel facilities, which are not always maintained to the standards expected.
Specialist package holiday solicitors
If you have booked your whole trip through a tour operator, they are responsible for keeping you safe at your accommodation and when providing connecting travel arrangements or excursion trips.
Our dedicated accidents abroad team have vast experience ensuring your case reflects the severity of the situation and the support you and your family need.
Read more: Experts in Package Holiday Injury & Illness Claims
