Accident abroad? Make sure you have evidence as to what happened

Having an accident on holiday that is not your fault is bad enough but if the person or organisation responsible suggests that you caused your own accident it is beyond upsetting. In the case of accidental falls, it is not entirely uncommon for a hotel or travel company to make the easy accusation that the victim had been drinking and fell and caused the injury due to excessive drunkenness. Many people enjoy a few drinks when on holiday; it is fair to say that it is an expected activity. However, there is a vast difference between sharing a bottle of wine over dinner and drinking so much alcohol that a person becomes incapable of negotiating a set of stairs without falling.

An older lady, Mrs. P, whilst on holiday in Greece, feel down a flight of stairs causing her to have head wounds and a broken arm. To Mrs. P’s great consternation when she applied for compensation for her injuries and ruined holiday she was faced with bogus accusations that her own extreme drunkenness had caused the accident and she had, therefore, caused her own injuries and was not entitled to any compensation. An infuriated Mrs. P continued with her case against the hotel, whose management, in turn, mounted a smear campaign against Mrs. P. Stating that Mrs. P had been so drunk she had been “staggering around” and was wearing unsuitable footwear (shoes with “heels”) which compounded Mrs. Ps drunken instability. Furthermore, in court, witnesses were produced (who were associated with the hotel’s management) to testify to Mrs. P’s drunkenness.

Mrs. P countered by pointing out that she had been wearing flat shoes, neither she nor her husband had consumed any alcohol as they faced a long drive the following day and the staircase did not have a handrail which was the root cause of the accident and therefore the hotel was liable.

In this case, the judge decided that, notwithstanding the photographs which were produced by the hotel showing Mrs. P and her husband “in circumstances where alcohol was being consumed” (presumably photos of them sitting in the bar) that Mrs. P had not caused her own accident and that her account was the correct one. A five-figure sum was awarded to Mrs. P as compensation for her unpleasant accident.

If you have the misfortune to have an accident when on holiday abroad, hard though it may be, in order to avoid the ordeal that Mrs. P endured take note of everything thing you can that is related to the accident. 

Things you should do in the event of an accident:

• Photograph and document all the circumstances, including your own footwear and clothing. 
• Where appropriate report the incident to the local police.
• Ask for the contact details of all potential witnesses, including medical staff and the police. 
• Return to the site of the accident and take note (and photographs) of any attempt to hide or repair dangerous areas or items, or add items such as safety signs to create the impression that the victim was to blame.
• Obtain documentation from medical and police sources regarding your injuries.
• Write contemporaneous notes outlining the entire incident, if possible signed by your witnesses.
• 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.

The more comprehensive and accurate your evidence is, especially when such evidence can be corroborated by witnesses, the greater chance of successfully achieving damages for your distress and suffering and less chance that falsified evidence will be submitted to discredit your claim.

For further information about pursuing a claim for compensation following an accident on holiday please click here.