The Court of Appeal handed down their decision in the above case in November 2013. The defendant’s appeal was unsuccessful, the Appeal Court upholding the first instance decision in favour of the claimant. The result is confirmation that, when an accident occurs and holiday accommodation requires to be assessed for compliance with local standards, the standards which are to be applied are those in force at the time of construction of the property rather than at the time of the accident. It is the most authoritative case for such types of cases at present.
Bonnar Accident Law
With the upsurge in recent years of consumers booking holidays themselves directly via the internet, it is more important than ever for the public to be aware of their rights and to the protection afforded to them, should an accident occur whilst they are abroad.
The Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended) are the starting point to ascertain whether such protection exists, and whether a claim may be possible. They enable a consumer to sue in this country. If the Regulations do not apply to an accident it is extremely difficult to sue in the foreign courts – you will have to sue in the foreign court where the accident occurred which could be anywhere in the world. For serious or catastrophic injuries it might be worthwhile, but anything less won’t pass a cost benefit analysis.
But what is a Package Holiday for these purposes?