Sunday , December 16 2018
Home / Holiday Injury Claims

Holiday Injury Claims

If you have sustained an injury while on holiday in Ireland, you may be entitled to make holiday injury claims for compensation. Your entitlement to claim compensation for a holiday injury will depend on whether the accommodation at which you were staying was negligent in adhering to health and safety regulations and you suffered a loss or injury as a result. You may also be able to make holiday injury claims when an injury has occurred abroad depending on how the holiday was booked and the circumstances of your accident. For comprehensive advice on the procedures to follow in order to make holiday injury claims, you should speak with a personal injury solicitor as soon as possible after receiving medical treatment for your injury.

Permanent Scar Compensation Claim Resolved at High Court

A permanent scar compensation claim has been resolved at the High Court with the approval of a €106,000 settlement in favour of a seventeen-year-old girl. In August 2009, Shauna Burke from Corbally in County Limerick was on holiday with her family at Slattery´s Caravan Park in Lahinch, County Clare, when she lacerated her leg on a nail that was allegedly protruding from a box attached to a pole. Shauna – who was ten years old at the time – received medical treatment for her injury, but – now seventeen years of age – has a permanent visible scar above her knee. On Shauna´s behalf, John Burke – her father – made a permanent scar compensation claim against the owner of the caravan park – Austin Francis Slattery. Slattery denied that he was liable for Shauna´s injury and the resulting scar, but agreed to a €106,000 settlement of the permanent scar compensation claim – made up of €90,000 for Shauna´s pain and suffering and €16,000 for her future medical care. As the permanent scar compensation claim had been made on behalf of a child, the offer of settlement had to be approved by a judge to ensure it was in Shauna´s best interests. Consequently at the High Court, Mr Justice Anthony Barr heard allegations that the nail on which Shauna cut her leg was a hazard that should have been removed due to it being located in an area often frequented by guests at the caravan park. After inspecting the scar, Judge Barr said that the proposed settlement of the permanent scar compensation claim was a good one and that he was happy to approve it. Because Shauna is still a legal minor, the judge ordered that the settlement should be paid into court funds, where it will remain in an interest yielding account until Shauna´s eighteenth birthday.

Read More »

Compensation for Overseas Road Traffic Injury Resolved in Court

In a landmark ruling at the High Court, compensation for overseas traffic injury was determined applying judicial discretion rather than the Book of Quantum for the country in which the injury was sustained. The case in which the judgement regarding compensation for overseas road traffic injury was made concerned Peter Kelly (75) of Ranelagh, Dublin, who in June 2009 was run over by a maintenance van belonging to the municipality of Cannes while on holiday in France. Peter fractured his hip in the overseas road traffic accident and, in 2011, had to undergo a hip replacement operation. Although the municipality´s insurers – Groupama – accepted liability for Peter´s injuries, the company argued that the compensation for overseas road traffic injury should be resolved according to the French Book of Quantum rather than that of Ireland which awards significantly higher levels of personal injury compensation. Accepting the argument, Mr Justice Iarfhlaith O´Neill at the High Court, applied the methodology that would be used in a French court to determine how much compensation for overseas road traffic injury Peter should receive, but added a considerable amount of damages to compensate Peter – who had enjoyed a high level of physical activity prior to his accident – for his loss of amenity. The judge noted that although any figures quoted in the French Book of Quantum could be considered a viable guide, it did not restrict a judge in determining how much compensation for overseas road traffic accident should be awarded in total. Consequently, and including 24,267 Euros which had already been agreed in special damages, Mr Justice Iarfhlaith O´Neill awarded Peter 88,167 Euros in compensation for overseas road traffic accident rather than the 62,773 Euros he would have received had his damages been assessed in France.

Read More »

Trauma Compensation for Ship Sinking Offered to Costa Concordia Cruise Victims

Costa Crociere SpA – the Italian arm of Carnival Cruises, and the company responsible for the stricken Costa Concordia cruise liner – has made an offer of trauma compensation for ship sinking to all the passengers of the Costa Concordia who were rescued from the ship without suffering physical injury. The 11,000 Euros offer of trauma compensation for ship sinking follows negotiation between the company and Italian consumer groups estimated to represent more than 3,000 passengers rescued from the ship after it hit a reef and capsized off the Italian island of Giglio on January 13 2012. The basic settlement compensates passengers for any psychological damage they have sustained and for the loss of personal effects. In addition, passengers will have the cost of their cruise refunded and any costs that were incurred in transportation home. Passengers who accept the trauma compensation for ship sinking offer will have to agree to drop all future legal claims against Costa Cruises and their associated companies and, in return, will receive their compensation within seven days. Children rescued uninjured from the Costa Concordia are also eligible for the compensation offer. Although passengers who sustained a physical injury will be dealt with individually, one consumer group is already suggesting that passengers decline the offer of trauma compensation for ship sinking. Their recommendations are to obtain a medical opinion to determine whether passengers have actually sustained a psychological trauma and, if so, seek professional legal advice from a compensation solicitor.

Read More »

Slip Injury Claim on Cruise Ship

A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost €2.3m in damages following a slip injury claim on cruise ship action. Denise Kaba from Florida was travelling on the Carnival Pride in August 2009, when she slipped and fell on the pool deck which had been treated with a resin that made it hard and slippery when wet. As a result of her slip and fall, Denise suffered a fractured patella and had to undergo surgery six times to enable it to heal properly. It was also claimed in her action at the U.S. District Court that she may have to have total knee replacements in the future. Denise’s legal counsel alleged in court that Carnival were aware of previous injuries associated with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential dangers. Agreeing with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded €2,275,000 in damages, consisting of more than €167,000 in past medical expenses, nearly €284,700 in future medical fees, just over €129,000 in loss of earning capacity, €152,000 for pain and suffering in the past and nearly €1.5m for future non-economic damages.

Read More »

Holiday Compensation for Psychological Injury Approved

Two children, who suffered an emotional trauma while on a family vacation in Lanzarote, are each to receive 6,500 Euros holiday compensation for psychological injury from the travel company through whom the family booked their holiday. The unnamed children were sleeping in their Los Orquideas apartment in Puerto del Carmen when intruders broke in at 3.00am. One of the intruders went into the children´s bedroom brandishing a long screwdriver and terrified the two children – who were aged eight and five at the time of the break-in in May 2002. The intruders escaped with 1,600 Euros in cash, 12,000 Euros worth of jewellery, passports and a credit card. The parents of the children claimed injury compensation from Budget Travel on the basis that the company had failed to provide them with secure accommodation and, in a separate hearing at the Killarney Circuit Court obtained holiday compensation for psychological injury of 28,400 for their own loss of property and emotional trauma. The compensation settlement for the two children was delayed to assess the extent of the psychological injury, but now their own settlements have been approved by a judge.

Read More »

Compensation for Holiday Death Paid by Turkish Authorities

The family of a woman, who was tragically killed when a bus she was travelling on was blown up in the holiday resort of Kusadasi in Turkey, are to receive more than 1 million pounds in compensation for holiday death from the Turkish government. Helyn Bennett (21) from Spennymoor, County Durham, was visiting the resort in July 2005 with members of her family when the shocking tragedy happened. Helyn and four other tourists died in the bomb blast in which Helyn´s fiancée and four other relatives were seriously injured. According to personal injury law in the UK, compensation for victims for terror attacks is only paid when the injuries have been sustained within the United Kingdom and not overseas. However, after seeking legal advice, Helyn´s mother approached the Turkish authorities and now their government has agreed to pay compensation for holiday death and for the injuries sustained by other members of Helyn´s party. Solicitors representing the families of the victims have estimated that the total compensation package will exceed 1.1 million pounds.

Read More »

Girl to get Electric Shock Compensation after Holiday Accident

A teenage girl, who received a powerful electric shock from a poolside shower while she was on holiday in Kenya, is to receive 27,100 pounds in electric shock compensation from the travel firm through which the holiday was booked. Alexandra Miles (15) from Maidstone in Kent was on holiday with family at the Kilifi Bay Resort in April 2005, when she put her hand on the switch to turn the shower on and received a 240 volt electric shock which left her temporarily paralysed. Investigations into how Alexandra temporarily lost all feeling in her left arm and right leg revealed that power cables ran underneath the metal shower tray, and that Alexandra completed the circuit when she turned the switch while standing in the tray. Alexandra´s mother sought personal injury compensation on behalf of her daughter from First Choice Holidays – the company through which the family had booked their holidays – and, in an out-of-court settlement, First Choice Holidays agreed to pay 27,100 pounds in electric shock compensation to Alexandra.

Read More »

Family Awarded Extreme Sports Injury Compensation after Daughter´s Death

A New Zealand water sports company has been ordered to pay the family of a British girl who drowned during one of the company´s river excursions 80,000 NZ dollars in extreme sports injury compensation after they were found to have breached health and safety regulations. Emily Jordan (21) of Trimpley in Worcestershire died in a tragic accident while river boarding on the Kawarau River near Queenstown in April 2008. The board to which she was attached became trapped beneath a rock while Emily was riding through the rapids and she drowned before help could reach her. Judges at Queenstown District Court set the extreme sports injury compensation after hearing that Emily and her boyfriend, Jonny Armour, had not been warned about the risks of being trapped under rocks and that no rope had been provided to assist water boarders who got into difficulty. A sports injury compensation claim was made against the company organising the event – Black Sheep Adventures – after they admitted failing to ensure the safety of their customers. The company was also fined 66,000 NZ dollars and told to get their safety plan up to industry standards.

Read More »

Compensation for Holiday Food Poisoning Paid to Honeymooner

A man, who contracted the potentially life-threatening dysentery illness after eating at an all-inclusive resort on his honeymoon in 2004, has received compensation for holiday food poisoning from the travel company through which he booked the trip. Julian Hurley (50) from Doncaster, South Yorkshire, was staying on the Venezuelan island of Margarita when he ate food described as being of poor standard and contracted the illness. Due to a lack of medical facilities on the island, it was not until Julian returned home that he was treated for his condition. Julian was immediately admitted to Doncaster Royal Infirmary where he was treated for five days with antibiotics and he still suffers from the effects of his illness five years after his honeymoon. In his claim for public liability compensation against First Choice Holidays Julian provided medical evidence to show that he has irritable bowel syndrome, post-traumatic stress and chronic fatigue syndrome which are all attributable to being ill while on holiday. First Choice Holidays investigated the claim and, after negotiation with Julian´s legal representatives, settled out of court with compensation for holiday food poisoning of 286,500 pounds.

Read More »