Holiday Injury Claims

The team here at McCarthy + Co Solicitors LLP has more than 30 years of experience in bringing successful personal injury claims, and we regularly advise clients who have been injured while on holiday, including those hurt abroad on a package holiday booked through an Irish provider.

Holiday accidents happen in many ways. Common examples that give rise to a claim include:

• a slip or fall caused by a dangerous condition at your accommodation or holiday complex;
• an accident at a swimming pool, sauna, or gym;
• an injury on a tour, day trip, excursion, or organised activity;
• an injury caused by unsafe equipment, such as a sun lounger or camp bed;
• a road traffic accident while travelling; and
• food poisoning caused by poor hygiene at your hotel or restaurant.

If you have experienced any of these things and would like trusted legal advice, you can arrange a time to speak with a solicitor here by completing our quick and confidential online form.

Claiming in Ireland for an accident abroad

The prospect of pursuing a claim in a foreign country, in an unfamiliar legal system and language, is daunting, and understandably the last thing most people want to do. Fortunately, where you booked a package holiday through an Irish tour operator or travel agent, you can usually bring your claim here in Ireland. Under the Package Holidays and Travel Trade Act 1995, as amended by the European Union (Package Travel and Linked Travel Arrangements) Regulations 2019, the organiser of the package is responsible for the proper performance of the travel services that make it up, even where those services are actually provided by someone else, such as an overseas hotel or excursion company. That means you may be able to claim against the Irish organiser, at home, for an injury caused by one of its suppliers abroad.

This protection applies to package holidays and certain linked travel arrangements. Where you booked your flights, accommodation, and activities entirely separately and independently, the position is different, and a claim may need to be pursued against the individual provider responsible, sometimes in the country where the accident happened. Because this distinction can be complex, and because different countries apply different time limits, it is important to take advice early.

What to do if you are injured on holiday

If you are injured while still away, a few steps will strengthen any later claim. As far as you are able:

• report the accident to your hotel, resort, or tour operator as soon as possible, complete any accident report form, and keep a copy of anything you sign;
• if the management is unhelpful, report the accident to the local police;
• take the names and contact details of any witnesses;
• photograph whatever caused your injury, such as defective flooring or broken equipment;
• keep receipts for any medical treatment and expenses paid abroad, as these can be difficult to obtain later;
• ask any doctor who treats you for a written report of your injuries and treatment, which can be translated at home; and
• keep a record of any additional costs, such as alternative travel home.

If you are reading this having already returned home without all of these details, do not worry. It may still be possible to bring a successful claim, and the most important step is to speak to a solicitor promptly, so that evidence can be gathered and any time limits identified.