If you are unlucky enough to have an accident whilst you were on holiday abroad that was caused by the negligence of your package tour company, hotel or any other third party you are fully entitled to pursue damages for your injury and ruined holiday. The expert lawyers at Giambrone will be able to guide you.
Once it has been decided where the responsibility for the accident lies you will then have to gather evidence to demonstrate why you believe the organisation or person should be held to account for your accident. The following information will be extremely useful to build the evidence for a claim:
- Photographic evidence of all aspects of the accident site.
- Photographic evidence of your clothing and footwear in the case of falls, this will fend off any suggestion that you were partly responsible by reason of unsuitable shoes
- Make notes about the accident as soon as possible including all the circumstances. Ideally ask any witnesses to countersign the notes.
- Where appropriate report the incident to the local police.
- Ask for the contact details of all potential witnesses, including medical staff and the police.
- Where appropriate inform the British consulate or embassy.
- Ask the manager of the hotel/restaurant/bar/nightclub for details of their insurance and legal team.
If your accident was caused by a perceived avoidable risk such as unsafe hand rails, faulty lifts, or dangerous balconies, you may require a Local Standards Report as accidents due to the building standards or lack of safety standards are judged on the basis of the local standards. Safety and building standards vary from country to country and the country in which you had your accident may have considerably lower standards than you might expect but if those lower standards are normal in that country then there is no liability. The exception to this rule is unless the standards are so poor (below the standards of that country) that no reasonable guest would choose to stay in the hotel and that the lower safety standard resulted in the accident.
A Local Standards Report is crucial in supporting a personal injury claim and should be commissioned at the earliest opportunity to avoid any attempt to rectify any faulty workmanship, such as repairing a defective handrail. The personal injury lawyers at Giambrone will be able to steer you through the process. The Local Standards Report is a comprehensive document compiled by an expert which outlines the statutory, regulatory or customary standards for the country concerned. The Report will have to be comprehensible and must consider the jurisdictions and legal ramifications in consideration of which jurisdiction the Report will be produced as evidence.
There are some rare situations where a Local Standards Report is not required, for example, when the circumstances of the accident "speak for themselves" (res ipsa loquitur).
A Local Standards Report is critical in establishing accountability for the accident as it demonstrates that the accident would not have happened but for the failure to adhere to the required standards of the country.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.