Sorry I've not been on-line for ages, but reading this complaint will probably explain why I've not even wanted to think about my last holiday!
I am avoiding going too public with my complaint because we are in the process of a complaint with the tour op and the hotel.
Basic jist was that we were all inclusive on a large complex, on the 4th evening when on our way out for supper, my mother fell down 4 large concrete stairs outside, landing face first on the floor. She does not drink so there was no reason for it. There was no handrail and the stairs were uneven in height and the top stair where she fell was of a different length from the 14 stairs she had previously gone down.
She was rushed to the dr who sent her to hospital where she stayed overnight. She had a fractured cheekbone and eyesocket, needed 2 stitches above her eye and had very extensive bruising, some of which is still present now. The holiday was officially ruined, she spent the next 10 days confined to bed, attempting on a few occasions to go to the pool but only managing a few minutes at a time on an inflatable and being scared due to the hotel not having an exclusive quiet pool so children jumping in and out of the pool were very hazardous. We were given room service which I chose food from the buffet and the staff brought to our room. No ice machines meant I could not compress my mother's eye and the opening hours at the bar where they served ice were 10am-10pm, I was refused ice and a towel at 9.55am and had to stand there for 5 minutes! We were abandoned in A&E with no 24 hour number for the reps. Luckily, I can speak Spanish so managed to communicate but this was not known to the staff until I expressed this in the ambulance saying I needed to know what was happening.
Anyway, I took photographs of the accident site, sent off copies of the medical reports, took her to the hospital in England to confirm her diagnosis... our tour op have said they have referred us to the legal team. I am just wondering how long it will take from here to reasonably expect an update. Last time I heard from them they said they are chasing it up with the resort, so are they trying to pass blame to the resort (which I guess would be fair enough!) She has had a number of other expenses such as medication, replacement glasses.
I feel the need to add that she is nearly 72 years old. Luckily we had travel insurance, but I also need to ask if our insurance is likely to go up next year.
I need to vent more than anything. We've both been having flashbacks these last few days, and I'd like to be able to tell her that I've told the guys on HT. Is it normal to go straight from customer relations to legal team?
I used to work for After Travel at Thomson/First Choice and any enquiry that involved an accident or sickness was immediately passed onto the Legal Team, so rest assured that part of your concern is absolutely the norm.
The Legal Team are different from the regular customer service team as they fully investigate any concern with Health & Safety in mind as opposed to concerns over room views, flight delays or excursion complaints etc, which customer service/after travel.
They do have a longer period for investigating, but should be in contact with you after 28 days to inform you of what is happening.
The term - Legal Team does frighten some people, but fear not, it really is the norm & I hope that when their investigation is complete that you finally get your peace of mind.
Thank you We heard back from the TO this week, and they said the hotel have referred our complaint to their office in the UK, so that maybe looks ok
One thing to add us that punitive damages don't exist out with the US. So any claim is for gear injury and misc losses. Being upset about lack of care afterwards isn't legally capable of being compensated for. Her flashbacks of the accident can get claimed for but yours cannot. There is a test of remoteness and primary/secondary victim in law. I won't bore you with it but you gave no claim for your flashbacks unless you can prove your mother was in a life/death situation.
I won't go into merits of stairs etc but stairs are not a hazard. There us no requirement for handrails and for all steps to be the same height when tasking into account the design of a building. I am not saying you don't have a case as I have not seen all your evidence so perhaps these stairs were dangerous. Please let us know how you get on
We have heard back from the holiday company who have said the hotel have taken on our case and have appointed their UK representatives to take over. We are still waiting. I am really hoping that what you're saying is not applicable for us because we did not have a holiday this year because of the accident!
What an awful experience for you all, especially your mam. It's very frightening when someone has an accident, more so when they are elderly and abroad.
I saw citizen's advice the day after we arrived home, she has been to a Max Fax specialist in the UK who has confirmed her injuries. She is having on going hip problems as well as what can only be described as migraines on the injury site. CA advised me to allow the tour op to fix it within abta rules, which they referred us to the hotel. They said they referred us to the legal team and then last month said that they have investigated it with the hotel in Mexico who have taken the case on and appointed their UK reps to take it on on their behalf whatever that means.
ETA: Tour op have said we're protected by ABTA but at this stage we don't need a 3rd party.
I'd be having a chat with someone qualified in Travel Law. There are a few firms that can give you advice.
Thank you..... I will have a look, is that Ros person the best one to speak to?
If your mum has a recognised phychaitric injury as direct result of the accident this can be claimed for but again needs an appropriate report. Physc reports cost more and usually start at £1000. Also to flag your mum is under a duty to mitigate her losses so if she is struggling with matters she should go to her GP and seek a referral to NHS mental health services.
Personal injury claims are complex and we have a saying that you wouldn't let an electrician fix your plumbing. Get a travel lawyer (law society can help).
Also these accidents are awful and I really hope she can get back to where she was. The travel companies will pass you from pillar to post. You need to be alert to prescription of your right to bring a claim. It could be a year in your mums case. Miss the prescription date and you have no case. If you take a case to close to the date lawyers won't help as there is not sufficient time. Perhaps get some legal advice in the new year. Do let us know how you get on
We are hoping that the hotel will not want us to go down this route, the hotel in Mexico have taken the case from the tour ops and have appointed their office in the UK to handle the claim on their behalf. The tour op hasn't given us a contact number or a person responsible for our case...
My mum is a very strong and selfless woman. I asked her what she wanted from this and all she said was "I want to go to Cuba next year and my glasses replaced!"
dramaqueen wrote:Thank you..... I will have a look, is that Ros person the best one to speak to?
I believe Ros has now retired. You could give Simson Millar's a call. I once met Nick Harris & he was very nice. Tell him I mentioned his name:-
http://www.simpsonmillar.co.uk/services/holidayclaims/holiday-travel-law-compensation.aspx
Thank you xx
Bless her. What a lovely lady she sounds. I really hope the hotel do the right thing
Thank you..... I am thinking of taking her to book Cuba in the next few days, see if it speeds up her recovery
Thank you so much to everyone, this thread has got the ball rolling with taking the case on. The hotel and travel agent appointed a mitigation solicitor who has compromised a deal out of court. I am so glad we didn't have to go down the legal route.
We have booked to go to Cuba this year.
Excellent news, and thanks for the update. - Is your mum OK now then?
She's caused some damage to her eye which looks permanent, when she wakes up it takes her a few minutes to be able to open her left eye.
She is getting her confidence back though and having booked Cuba has brought her mood right up
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