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Chambers and Partners (2014)

Woman slips In Hotel Restaurant In Dominican Republic

On the 18th May 2012, Mrs Greenwood had an accident whilst on a Thomson package holiday in the Dominican Republic with her husband. They were staying at the Riu Bambu hotel in the Bavaro resort.

They were walking back to the hotel room and Mrs Greenwood took a short cut through the dining room area. Upon doing this, Mrs Greenwood slipped on some water which had leaked into the building the night before due to heavy rainfall. There were no warning signs in the area to warn guests of the wet floor. Mrs Greenwood landed on her wrist and went to the local hospital where it was confirmed that she had broken her wrist and was placed in a plaster cast. She was administered painkillers and injections to numb the pain.

On return to the UK Mrs Greenwood received further treatment at her local hospital where another plaster cast was put on her wrist.

Mrs Greenwood will therefore be eligible to claim for general damages for pain, suffering and loss of amenity and the diminution in the value of her holiday alongside a figure for the loss of enjoyment of the holiday.

The claim is being pursued against Thomson Holidays under “The Package Travel, Package Holidays and Package Tours Regulations 1992” as Mrs Greenwood booked both the flights and accommodation with Thomson Holidays so the holiday falls under the definition of a “Package”. Irwin Mitchell secured an admission of liability from Thomson Holidays and are now obtaining medical evidence to support and value the claim.

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