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Chambers and Partners (2014)

Man Trips on Drain Cover

Irwin Mitchell have brought a one and a half year liability dispute with Thomas Cook to an end after securing an admission of liability for the injuries their customer, Michael Sadler, sustained in a Spanish hotel.

Mr Sadler and his wife booked a holiday with Thomas Cook at the Monica Beach Hotel in Fuerteventura.  The couple arrived at the hotel at approximately 9.00pm, as their arrival had been delayed due to trouble with their baggage.  The couple checked into the hotel, got some food from the restaurant, and then returned to their hotel room to unpack.  As Mr. Sadler was walking along the pathway back to his room, he tripped over a raised drain cover.

Mr. Sadler sustained shoulder injuries that have required hospital treatment.  Irwin Mitchell are now obtaining medical evidence on his symptoms in order to value the claim.

Liability was initially denied by Thomas Cook on the grounds that the drain cover was council property outside of the hotel grounds and was not the responsibility of the hotel.  However, following the advice of Irwin Mitchell, Mr. Sadler identified the area in question on a satellite image of the hotel that he obtained from the internet.  Irwin Mitchell sent this to Thomas Cook, and their lawyers admitted liability for the accident soon after.

Although the accident occurred in Spain, Mr. Sadler is able to pursue his claim in the UK against Thomas Cook under the Package Travel Regulations.

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