How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

Package holiday personal injury

This answer was rated:

package holiday personal injury
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

i booked a package holiday to mexico for myself partner and 3 year old son, on our first day my son cut his toe quite badly on a broken tile in the swimming pool it was treated at the side of the pool by the life guard who is a first aider he stated that it did not need doctors or hospital treatment and adviced we stay out of the pool for a few days however the wound kept opening and bleeding so we took him to the resort doctor 3 days later who glued the toe and we were then told to stay out of the pool for a further 5-7 days. its now day 11 of the holiday and we take my son back to the pool within a hour the wound opens up again. on our return to the uk i took my son to the local A&E who have stated the wound should never have been glued as its on the joint and they can see where it has repeatedly reopened. my question is really as i want to make a complaint to Virgin who we booked with is how much could i possible ask as way of compensation bearing in mind this holiday cost £5000 and we spent a further £2000 taking my son on trips that did not involve water the holiday was ruined due to this injury.

Thank you for your question.
Why do you think Virgin are responsible for your losses? A travel company has a duty of reasonable care to ensure the safety of hotels and accommodation and there is a duty of inspection. However, do you know anything about the pool defect. How long had it been like that, had anyone else been injured, had it been reported at any point. I simply raise these points because there may be certain hurdles you will have to cross before you are able to quantify your claim. As well as that there seems to be a suggestion that there may also be inadequate medical care which could have contributed to your additional costs.
The answer to your question, assuming liability is not an issue, is that you would have a claim for loss of enjoyment of the holiday and additional costs of alternative entertainment. So you would get some of the cost of your holiday back to reflect loss of enjoyment, say half for arguments sake and the cost of additional entertainment that you would not have paid had your son been able to enjoy the water. You would also get additional travel costs, any medical costs and your son would have a claim for personal injuries for his foot. From what you say that could be a few thousand pounds given the nature of the injury and the fact that the wound kept opening.
In round figures your claim could be £8000 upwards on a full liability basis.
Happy to discuss.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you