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Legal 500 (2013)
£5,000 compensation for leg injury caused by faulty drain in Madeira
Irwin Mitchell have successfully recovered £5,000 damages for Mrs N following an injury caused to her leg and foot as a result of a faulty drain in Madeira.
Mrs N went on holiday to Madeira with her husband. She was walking down the driveway of her hotel and stepped on a drain cover. The metal drain cover suddenly collapsed, trapping Mrs N’s leg and foot. It was only with assistance from Mrs N’s husband that she was able to free her trapped leg.
Mrs N suffered severe bruising, swelling and soft tissue damage to her ankle, foot and leg. Mrs N’s doctor has advised her that she will have permanent symptoms and scarring as a result of the accident.
Mrs N booked the holiday as a package with Thomas Cook, which was therefore governed by the Package Travel Regulations 1992. These regulations allowed Irwin Mitchell to pursue Mrs N’s claim directly against Thomas Cook as the tour operator.
Thomas Cook denied liability at the outset and following negotiations with Irwin Mitchell, they continued to maintain their position of denying responsibility. Irwin Mitchell obtained medical evidence in support of Mrs N's claim and attempted to settle the claim amicably. However, Thomas Cook refused to accept responsibility for the accident for 3 years while the claim was valued, leaving Irwin Mitchell no choice but to issue court proceedings to secure Mrs N the compensation she deserved. Once Irwin Mitchell issued court proceedings, Thomas Cook offered to settle Mrs N’s claim out of court for £3,950. However, Irwin Mitchell negotiated this figure to £5,000 and this was accepted as full and final settlement of the claim.
Both Mrs N and Irwin Mitchell are pleased with the outcome of the claim and would like to urge anyone that has suffered a similar accident abroad to contact our experienced Solicitors for expert advice.
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"We were very happy with the outcome of our case, especially as we were initially offered nothing from the Tour Operator. Irwin Mitchell were very professional throughout and we are very happy with the outcome."
Chris and Michael, Worksop