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Chambers and Partners (2014)

Holiday To Celebrate Overcoming Cancer Causes Severe Back Injury

Mrs Smith instructed Irwin Mitchell after she sustained severe injuries to her vertebrae whilst on holiday with her husband in Mexico. Mrs Smith and her husband booked a package holiday to Mexico through Thomson. The holiday was booked to celebrate Mrs Smith’s recovery from cancer.

Mrs Smith and her husband booked the ‘Swimming with Whale Sharks’ excursion which was recommended in the welcome meeting by the Thomson representative. At no point were they made aware of the details of the local excursion company. Therefore, at all times, Mrs Smith believed the excursion contract was between her and Thomson.

Whilst on the boat going out to see the whale sharks, the Captain was driving extremely erratically and purposely hitting big waves. As a result of the extreme driving, Mrs Smith was thrown 12 inches into the air and landed on her back causing excruciating pain in her spine. At this point, Mrs Smith and the other passengers requested that the Captain slow down, however these requests were ignored. Mrs Smith suffered severe injuries to the vertebrae in her back and bruising around her body.

Upon return to the UK, Mrs Smith was immediately admitted to hospital where a doctor confirmed that Mrs Smith’s vertebrae had been compressed to 50% of their original size. Mrs Smith had to wear a full body brace for approximately two months and is now undergoing intense physiotherapy to improve her posture and increase movement in her back. Mrs Smith has been off work since the accident and does not yet have a return date.
As the holiday was booked through Thomson, Irwin Mitchell are proceeding to seek compensation for the personal injury Mrs Smith sustained under the Package Travel Regulations 1992. Irwin Mitchell have contacted Thomson setting out the allegations of the negligence and are currently awaiting their response.

If you have been injured in an accident abroad, please contact our specialist International Travel Litigation team for expert advice.

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