A West Sussex woman has been awarded £9,500 damages by package holiday specialists TUI after breaking her leg when falling in her hotel bathroom which had been left wet and slippery by cleaners.
The 69-year-old woman from Worthing was only a week into a month long holiday with her partner, at the Hotel Florida Spa in Fuengirola, on the Costa del Sol in southern Spain, when she suffered the fall.
She had to spend the final three weeks of her long-awaited break in a plaster cast, only able to stay close to the hotel as her partner had to push her around in a wheelchair.
The couple had planned to enjoy trips into the hills and along the coast to Malaga to see the Flamingos in Calpe, which they had to cancel.
When the woman returned home, in February 2018, she remained in the cast for a further month before switching to an air boot for another four weeks. She then needed another month on crutches before she began to regain her mobility and independence.
Now, following a legal case led on her behalf by Hudgell Solicitors, specialists in securing compensation for people injured whilst abroad, the damages settlement has been reached.
Three weeks of holiday spent in a wheelchair
“I’d only got two steps into the bathroom when I slipped,” recalled the woman, now 72, who asked not to be named.
“The tiles on the floor were grey ceramic and it was not possible to see that they had a film of water on them. There was no indication that they were wet. The cleaner had not left or given any warning that she had cleaned the floor and that the tiles were wet.
“The pain in my left leg was intense and I remember thinking ‘oh my god.’ I couldn’t bear to put any weight on my left-hand side.”
After seeing the hotel doctor, who said an x-ray was needed, she was taken to a local hospital by an ambulance and told she had sustained a non-displaced fracture of her left fibula.
Her leg was put in a half plaster cast and she was told not to put any weight on it. She borrowed a wheelchair from the hotel which she used for the remaining 19 days of holiday. She was seen by doctors again before flying home, with her leg placed in a splint.
Arrange a call back
Legal claim launched under Package Holiday regulations
As part of the holiday injury claim, Hudgell Solicitors instructed a local architect to visit the hotel and inspect the bathroom tiles, which were found not to meet local standards for slip resistance.
It was alleged that – as the organisers of a package holiday – TUI had breached its duty of care as the hotel failed to ensure the bathroom floor was well maintained, including being free from any substances that could cause injury.
It was also highlighted that no adequate efforts had been made to warn the woman of the existence of the water on the bathroom floor.
Associate Solicitor Tracy Stansfield said: “Our client suffered an injury which not only ruined her holiday but caused her a great deal of pain and discomfort for many months. It had a significant impact on her life and that of her partner who had to help her with almost every activity when they returned home, from showering and dressing to cooking.
“The amount of water left on the floor meant it was left in a very slippery condition, yet there was no warning to make our client aware of the potential danger, which would have led to her taking greater care when walking into the recently cleaned bathroom.
“In addition, had the tiles met with local standards, and been non-slip as they should have been, again the accident might not have occurred.
“We were pleased to be able to secure this compensation for her given TUI denied liability throughout the case, but finally agreed on an out of court settlement just two weeks before the matter was to be heard by a judge. Our client was pleased not to have to go through a court hearing too.”
Under The Package Travel, Package Holidays and Package Tours Regulations 1992, when you book a package holiday (accommodation, transport and other services that make up a significant component of the holiday) you have certain enhanced consumer protection, which includes compensation for avoidable injury.
If you’ve recognised that you or a member of your family has come to harm as a result of an injury abroad because of the actions of someone else, then you have the right to seek compensation.
If you think you might be entitled to make an accident on holiday claim, the first step is to get in touch. You can begin by contacting us via our claim form and selecting Holiday Accident.
Read more: Accidents and Illnesses Abroad
