The complexity of partial responsibility in a holiday accident claim

It is an established part of personal injury law that not every injury sustained on holiday will lead to a successful holiday accident claim. What needs to be shown is that there was at least some degree of fault on the part of the holiday provider.

Particularly in cases of partial responsibility, this can be a complex process. One case in 2007 involved a young man who dived into a badly-signed pool and sustained spinal injuries that will keep him in a wheelchair for the rest of his life. The holiday operators rejected an offer in which they would be held 25% responsible, and were later found to be 50% responsible in court; this was later overturned, with the young man held to be entirely responsible.

This underlines the necessity to refrain from irresponsible activities on holiday; if an accident is shown to be entirely the responsibility of the person in the accident, a holiday accident claim is very likely to be unsuccessful. The very different opinions regarding the levels of responsibility also show how complex the issues involved in assigning responsibility in a holiday injury case can be.

For this reason, it is advisable for anyone who has received injuries while on holiday to seek a legal opinion on their case. This will prevent hopes being raised in cases with no prospect of success, and could enable cases where the claimant did not realise there may be compensation due.

Providing support to your holiday accident claim
If you are seeking a legal opinion about a holiday accident claim for injuries you have sustained, YouClaim should be your first port of call. Our advisors are able to discuss the details of your case, and, if you decide to proceed with a compensation claim, will be able to find you the most appropriate personal injury solicitor for your needs.

The Solicitors Regulation Authority governs all the law firms we work with, ensuring you will receive a high quality service throughout your no win, no fee claim, and we make a 100% compensation guarantee that we will cover all the costs of your claim without reducing the amount of compensation you receive. Our fees will be paid by the defendant, or by our insurance in our rare unsuccessful cases.

Access to our free services is easy - simply speak to an advisor on 0800 10 757 95, or ask us to contact you using our call-back form. If you would prefer to make contact onscreen, you can use our e-chat service. We will make your holiday accident claim both cost-free and hassle-free.