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compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Using a hotel swimming pool or splashing about in the sea is one of the favourite occupations of most people enjoying a break from home but, because of the inherent danger of drowning, these seemingly-innocent pleasures can be the source of a holiday accident compensation claim.
Each year, drowning accounts for a number of holiday fatalities both in the UK and abroad but there are also other accidents associated with water which can lead to personal injury or even disablement.
Open waters, the sea, rivers, lakes and ponds are often unregulated and unsupervised without life guards or safety apparatus such as lifebelts or ropes and in these situations the swimmer or bather must take responsibility for their own safety.
However, if an area for public swimming is recognised as such, the owners of the nearest land or the water itself will have some liability for protecting anyone using it. For example, a local authority which erects a sign giving a warning or information about any activities in or on the water could still be legally at fault, depending on the circumstances of any accident.
So-called "tomb-stoning" whereby people jump off cliffs or structures into the sea is extremely hazardous and there have been many cases of jumpers suffering severe spinal injury as a result of landing in water which is too shallow to break their fall and hitting the seabed with their heads.
Although this situation resulting in personal injury could be said to have been caused by the victim himself, a lack of security or fences to prevent people from jumping where there is a known risk of this activity could be construed as a failure by the owner of the land or structure to prevent any trespass.
Where lifeguards or a warning system of any type has been set up in order to protect swimmers from harm, those in the sea should not expect the water to be totally safe; there is always an unknown element, such as unexpectedly high waves caused by a passing ship or a change in the weather, which could lead to dangerous conditions.
Anyone acting as a lifeguard is likely to have been trained to rescue people from the sea and perform first aid, but, particularly out of the UK, they may have only a limited role; perhaps being employed to act as wardens to call out other emergency services rather than taking a more active stance.
The situation is different in an enclosed pool, both indoor and outdoor, where the person or organisation which owns and/or maintains it will be liable for its safety and good management.
In Britain, this may be a local authority, or a company acting on its behalf, a privately-owned leisure centre or an individually-managed facility. Whoever is responsible, anyone using the pool needs to be fully aware of all safety measures and being satisfied about arrangements for lifeguards, lifebelts, ropes and other methods of dealing with an emergency.
Any potential swimmer or other pool user who is in the slightest bit concerned about a lack of safety precautions should be aware of the possibility of a life-changing scenario which could result in serious personal injury or even death.
Seeking holiday accident compensation with YouClaim
No one expects a happy and relaxing break to end with suffering or tragedy but if the worst happened through no fault of the victim by seeking compensation with YouClaim you, or a loved one, could receive a payment for pain, suffering and loss of earnings.
Here at YouClaim we have a panel of personal injury lawyers who have wide experience of a variety of situations where people who have been hurt as a result of the actions or neglect of others have been awarded damages payments.
Our teams, who are available throughout the country, are noted for their high standards, which are all supervised by the Solicitors Regulation Authority, and frequent success rate in helping people obtain justified settlements.
Not only that, by using the no win no fee system, 100% of compensation won after a claim will be yours to keep without deductions of our legal fees.
To find out more about our special holiday accident compensation schemes, you can contact us in a number of ways: you can use echat or complete an online claim form on this webpage, you can ask one of our helpful legal staff to call you back at a convenient time or call now on 0800 10 757 95.
