A British holidaymaker who booked a package holiday to the Dominican Republic through Thomson has won a compensation claim after taking part in evening entertainment at the resort's auditorium which led to a foot injury that forced him to change his occupation.
The holidaymaker, a 40 year old father of two from Leicestershire, was encouraged by the host of the evening entertainment to come up on stage. He initially declined but when he was cajoled by the host and other staff members, who pulled him, he reluctantly agreed. Two members of staff gave a brief, basic performance of the 'lift' scene in the film Dirty Dancing and then encouraged members of the audience to copy them, with the best pair winning a T-shirt. No training was provided.
Our client was paired with a rather large lady who came running towards him, jumped on him and caused him to lose his footing and fall backwards. He sustained a mid-foot fracture dislocation of the right foot which caused him a degree of permanent impairment and prevented him from continuing his pre-accident occupation as a long-distance lorry driver.
He instructed Penningtons Solicitors LLP to pursue a claim against TUI Travel PLC, Thomson's parent company, under the Package Travel Regulations 1995. Liability was denied by TUI and its solicitors so the case was taken to court. After a trial at Northampton County Court, the judge ruled in favour of our client and TUI was refused leave to appeal. Our client was awarded £25,000 compensation plus the costs of pursuing the claim. Penningtons Solicitors LLP acted under a conditional fee agreement.
Kieran Mitchell, a member of the travel law team at Penningtons Solicitors LLP's Godalming office, advised the holidaymaker. Commenting on the case, he said: "This was a holiday nightmare for our client. The ill-thought out entertainment devised by resort staff showed a lapse in health and safety protocol and had serious consequences for him which will have an ongoing impact."
Contact: Kieran Mitchell >>
Areas of expertise: Travel -business services >>, travel - private individuals >>