Local Standard Reports

Local Standards Report supporting a Personal Injury Claim

If you have the misfortune to have an accident when on holiday abroad there is frequently more than one direction, depending on what actually happened, as to where the liability for the accident lies. For example, if an accident occurred in a hotel during a package holiday there could be more than one organisation that you have the option to sue. It may be the hotel itself is culpable or possibly the tour company. The expert lawyers at Giambrone will be able to guide you.

Once the responsibility for the accident has been decided you will then have to gather evidence to demonstrate why you believe the business or person should be accountable for your accident.

If your accident was caused by the negligence of your hotel due to avoidable risks such as unsafe handrails, faulty lifts, or dangerous balconies, you should be aware that local standards apply, which means that safety standards vary from country to country. The country in which you had your accident may have considerably lower standards than you may have expected 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. 

In order to demonstrate negligence by virtue of shoddy workmanship or poor maintenance, you will require a Local Standards Report to establish the local standards of the country in which you had your accident. The Local Standards Report should be commissioned at the first opportunity as it is pivotal in bolstering your claim; the personal injury lawyers at Giambrone will be able to steer you through the process. The Report is an extensive document compiled by an expert which outlines the statutory, regulatory or customary standards for the country concerned. A Local Standards Report will have to consider the jurisdictions and legal ramifications in consideration of where the Report will be used and ensure that it is comprehensible.

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)

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.

For more information about Local Standards Report please email clientservices@giambronelaw.com or telephone 020 7183 9482.