An amateur golfer on a group holiday in Portugal who suffered second-degree burns from the scalding water from his hotel shower had to be admitted to hospital when he flew back to the UK.
Peter Leak, who was 50 when he booked the golfing break with friends, says the water temperature at the hotel was ‘an accident waiting to happen’ and the outcome could have been much worse if it happened to a child or an older person.
Both the hotel where he was staying, the São Rafael Suites in Albufeira, and the travel company Your Golf Travel Limited, denied any responsibility for his accident abroad injuries.
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‘I was out of work for six weeks’
However, after taking legal advice from Hudgell Solicitors’ package holiday claims team he has now been awarded £30,000 in compensation for his injuries, in an out of court settlement.
Mr Leak said:
I was in hospital for ten days and couldn’t work for six weeks; I had time to think about it and I thought, ‘this shouldn’t have happened’.
I’m 6ft 1’ and healthy and fit, but a child or older person might not have survived it, I became quite angry.
There were reviews left previously by others who complained about the hot water and the hotel didn’t act, the travel company also had a duty to pick a hotel that was safe for us.
When the hotel then emailed me to say the scalding was my fault for not using the shower properly that was a red rag, and I decided to take legal advice.
Claims on a package holiday
Mr Leak and his friends checked into the hotel in April 2022. On the third morning, when taking a shower, he turned the cold tap off first and, as the hot water hit his skin, it caused him to jump back and fall under the stream of water. After shouting out, his roommate managed to lift him out.
Fortunately, Mr Leak, a Royal Navy veteran, says his first aid training meant that he asked his friend to get cling film from the hotel kitchen to wrap his burns and prevent infection. He also used cold water to reduce his temperature. The hotel was also asked to call a doctor to his room.
Eventually, I had to go to a local clinic where I was placed on a drip and my burns were bandaged and I had to return each day. I was prescribed steroids, antibiotics and painkillers but, after 48 hours I found myself deteriorating and knew I had to get home.
Mr Leak, from Hartlepool, says he didn’t feel supported by either the hotel or the travel company.
After paying hundreds of pounds in medical bills and buying a return ticket home Mr Leak was met at Newcastle Airport by his wife and driven straight to the city’s A&E department. He was then admitted to the Royal Victoria Infirmary’s burns unit.
I had severe second degree burns to 17 per cent of my body. They couldn’t believe I’d lasted four days in the state I was in. I spent ten days in hospital and had to take six weeks off work.
While Mr Leak’s injuries have now healed, he has been left with scarring and permanent hypopigmentation to his torso.
He initially contacted a local firm of solicitors, but they concluded his case “wasn’t for them”. He then did “some proper research and I read some Client Stories’ on Hudgell’s website and that’s how the claim started,” he said.
He was represented in his hotel accident claim by injuries abroad expert Anne Thomson.
Legal support from Hudgell Solicitors
Anne has been brilliant. It has settled quicker than I thought it would. There were times when it was frustrating as the hotel and travel company insisted it wasn’t their fault, but Anne would just say, ‘this is the legal process’ and put me at ease.”
Before being awarded damages, Hudgell Solicitors ensured he was recompensed by the travel company for the cost of his holiday, his medical bills and his return flight home.
In the negligence claim Anne Thomson claimed that as the trip had been booked as a package holiday the tour operator should have ensured the accommodation, facilities and services supplied would be of a satisfactory standard and safe.
In my opinion the hotel failed to ensure the shower was adequately inspected and maintained.
Also, there were no warning signs in or out of the bathroom of how hot the water temperatures were and the temperatures exceeded safe standards.
Others had complained about the hot temperatures before, but the hotel did not act on those concerns, if it had done it may have prevented these nasty injuries.
Hotels and travel operators have a duty of care to their guests and customers and holidaymakers should be safe when using their facilities.
I am pleased for my client that the case is now settled and all parties have acknowledged the seriousness of the incident and the harm it caused.
Hotel accidents abroad
Hotels have a duty of care to safeguard guests against accidents, injuries and illnesses. No matter what the circumstances of your accident or injury our solicitors can advise on your eligibility to pursue a claim.
Read more: Experts in Hotel Accidents Abroad Compensation Claims
