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Legal 500 (2013)

Compensation For Child Injured Whilst Under The Supervision Of The Tour Operator’s Representative

Irwin Mitchell has successfully obtained damages for Master B, aged 3 at the time, after he suffered a fractured right tibia which required a period of time in plaster.  As a result of the injury and the treatment he had to undergo, he now has a great fear of doctors and hospitals.  He is also reluctant to go on a skiing holiday again.

On 10 January 2007, Master B and his family were on a skiing holiday in France.  His parents left him and his brother in the care of the Esprit representative who, unknown to them, took the boys sledging.  The Esprit representatives noted that there were icy patches on the slope, but they deemed it suitable for children to go down the slope unassisted.

After a few runs down the slope, the toboggan was released from the top of the slope by the representative but it began to pickup speed and the representative at the bottom of the slope was unable to stop the toboggan and it crashed into a metal post.

Master B was taken to see a doctor.  On examination they were told that there was no serious injury and his ankle was bandaged.  The following day he was still reluctant to put weight on his right leg and he was taken back to the doctors where an x-ray revealed a fracture to his right tibia.  The doctor concluded that for him to have sustained these injuries, the toboggan must have been travelling at speed.

We understand that following this accident, children’s tobogganing was ceased until it could be re-assessed across all resorts.  As a result, a number of safety procedures were put in place to avoid similar accidents occurring; procedures which his parents claim should already have been in place and thus prevented this accident.

If you have suffered a similar accident, please call us on 0800 056 0066 or contact us.

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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 

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