In the event of an accident abroad, resulting in serious injury, which occurred in a hotel, water park, restaurant or some other place where an organisation is involved and the accident was caused by an avoidable risk such as unsafe handrails, faulty lifts, or dangerous balconies, lack of non-slip tiles around a pool, the liability for the accident may vest, wholly or in part with the organisation. Such liability may result in litigation, on the part of the injured person, to claim compensation for the injuries arising from the accident.
In the event of a hotel or other organisation potentially being culpable due to what appears to be shoddy workmanship or maintenance, the liability will be judged against the safety criteria that are standard in the country where the accident took place. Safety standards vary from country to country. The country in which the accident took place may have considerably lower standards than may be expected but if those lower standards are normal in that country then there is no liability. However, there is a qualification to this rule, which mainly applies to tour companies who should ensure that they do not place customers in a dangerous sub-standard environments, the exception to the rule is if the injured party was placed in a hotel where the safety standards were so poor that no reasonable guest would choose to stay in the hotel and that the lower safety standards resulted in the accident, then there is liability regardless of the local standards.
It is frequently necessary to obtain a Local Standards Report to support a claim for compensation for accidental injuries. A Local Standards Report, this is an extensive document compiled by an expert outlining the statutory, regulatory or customary standards for the country concerned and setting this information against the actual circumstances of the accident and possibly the events leading up to the accident. If it is found that the safety standards of the country have been compromised the lower standards were instrumental in causing the accident, clear liability will have been demonstrated. A Local Standards Report will also have to consider the jurisdictions and legal ramifications in consideration of where the Report will be used and ensure that it is fully comprehensible to all parties.
There are some situations where a Local Standards Report is not required, for example, when the circumstances of the accident "speak for themselves" (res ipsa loquitur), for example, the lack of a safety rail along a perilously high narrow walkway or dangerously crumbling staircase being the only access to the hotel.
A Local Standards Report is crucial to a claim for compensation following an accident and the entire matter may hinge on the conclusions drawn. It is therefore imperative to choose carefully who to instruct to draft such a document. The lawyers in the personal injury team at Giambrone are experts in their field and have not only extensive experience in drafting the actual reports but excellent language skills which eliminates the risk of confusion or misunderstandings.
In many cases the ramifications of an injury are felt for the rest of the injured person's life and a claim for compensation for a serious accident should be as comprehensive and legally sound as it is possible to be. Therefore every conceivable validation must be sought to support the contention of liability.
If you would like to know more about Local Standards Reports and how they may be used in a personal injury matter please click here
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.
