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Chambers and Partners (2014)

£22,500 for Young British Tourist After Slip in Menorca

Irwin Mitchell successfully recovered compensation of £22,500 for our client, a young British tourist who was on holiday in Menorca with his family.

Our client was 7 years old at the time of his accident in August 2007. His family had booked a 14 day package holiday to Menorca through the tour operator Thomas Cook.  A few days into the holiday, our client was having lunch with his family by the hotel pool. He needed to use the bathroom so went to the nearest one by the pool. As he opened the door and entered the bathroom it was dark. He stepped in to try and turn on the light but was unable to see that the floor was covered with water until it was too late and he slipped and fell.

The lights were not working and the floor of the bathroom appeared to be flooded. There were no signs on the door warning of this and no other indication that there was a problem.

Our client felt immediate pain in his left leg and screamed out in pain until help arrived. He was taken to hospital by ambulance where he spent 3 days, coming out on his 8th birthday. He underwent surgery in Spain to fix the fracture to his femur with metal plates and screws and when discharged he was forced to spend the remainder of his holiday having to avoid the pool and used crutches or a wheelchair to get around.

As a result of the injuries sustained, our client has now been left with ongoing discomfort in his left leg and will require further surgery in the future to remove the metal plates.

Irwin Mitchell were instructed by our client’s family and pursued his claim in England against the tour operator, Thomas Cook. Thomas Cook denied liability throughout the claim and alleged that our client’s parents were partly responsible for the accident.  A successful outcome was achieved following extensive negotiations with the tour operator’s lawyers in a full admission of liability plus an agreed settlement of £22,500 in August 2011.

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"I just wanted to send you a short note to thank you very much indeed to our solicitor for managing to settle this for me – it’s really very much appreciated. You did so in a very professional, helpful and efficient manner."

Stephen, London