Case studies

Holiday dancing routine leads to legal action

Our client was staying at a package holiday resort in the Dominican Republic and visited the resort's auditorium for evening entertainment which led to him suffering a foot injury.

He was encouraged by the host to come up on stage and reluctantly agreed after some cajoling. 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 small degree of permanent impairment and prevented him from continuing his pre-accident occupation as a long-distance lorry driver.

We pursued a claim against the tour operator under the Package Travel Regulations 1995. Liability was denied by the company. After a trial at Northampton County Court, judgment was given in favour of the claimant and the defendant was refused leave to appeal. Our client was awarded £25,000 compensation plus the costs of pursuing the claim.

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Penningtons Manches LLP

Penningtons Manches LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority. San Francisco is an associated office.

Penningtons Manches LLP