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Legal 500 (2013)
Accident on Excursion in St Lucia
Irwin Mitchell Solicitors acted for Mr John Clayton and Mrs Elizabeth Richardson after they sustained injury whilst crossing a fast flowing river during an excursion in St. Lucia.
Mr Clayton and Mrs Richardson had purchased a package holiday to St. Lucia with Virgin Holidays and, at the welcome meeting with the Virgin Holidays Rep, they decided to book a jeep safari excursion which included a walk to a waterfall in the rain forest. This involved crossing a deep and fast flowing river. They were encouraged to cross the river in twos by the guide who was with them and, as they did so, they were both swept away by the force of the river and sustained injury.
Mrs Richardson sustained a head injury, injury to her left ribs, bruising to her arms, body and legs and psychological symptoms including a fear of water. Mr Clayton sustained bruising to both arms, a tear of the biceps muscle, a tear of the tendons in both elbows and cuts and bruises to both forearms and wrists, together with cuts and bruises to both legs. Mr Clayton also suffered a psychological injury.
Virgin Holidays denied liability for the accident and it was necessary for legal proceedings to be commenced. Eventually, Virgin accepted the majority of the liability for the accident. Irwin Mitchell Solicitors were able to negotiate a settlement shortly before trial of £10,950 for Mr Clayton and £21,000 for Mrs Richardson.
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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