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Chambers and Partners (2014)

Hotel Water Leak Results in Injury and Compensation

Mrs Philbin sustained a fractured humerus whilst on holiday at the Cortijo Blanco Hotel in the Costa Del Sol on a First Choice Holiday.  Water had leaked under the patio door of her apartment following a storm which had also knocked all of the electricity out.  When she got out of bed to investigate voices outside her room, she fell because of the water.

Mrs Philbin’s broken shoulder was in a sling for 6 weeks after the accident.  She then underwent months of physiotherapy.

A claim was pursued for personal injury damages on the grounds of negligence of the tour operator to ensure that the Hotel had sufficient drainage to deal with water. There was also an argument that the hotel was negligent when it failed to warn guests that the floors in their rooms were likely to be wet once they became aware of the problem.

The claim was successful and Mrs Philbin was awarded £11,250 in compensation.

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