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Hotel Health and Safety/Accident and Injury on Holiday

Hotel Health and Safety/Accident and Injury on Holiday


Having suffered an accident whilst on holiday, many travellers' ask themselves the question, "Didmy tour operator or travel company do enough to preventmy accident or injury on holiday?"

Most of the large European tour operators are members ofthe Federation of Tour Operators (FTO). The FTO publishes health and safety guidelines that are sold to holiday companie and these guidelines exist to help prevent people on holiday having accidents and injuries.

However, the case of First Choice Holidays v Holden, inthe English courts,determined that when assessing the standard of safety to prevent an accident overseas it is not the Federation of Tour OperatorsHealth and Safety Guidelines that apply; it will usually be the standard of health and safety the country thehotel is based that determines whetherholidaymakers are entitled to compensation..

The FTO publish health and safety guidelines on the following areas of health and safety:

FireSafety

Food Hygiene

PoolSafety

General Safety

Beach Safety

Children'sClubs

VillaSafety

IncidentInvestigations

Natural Disasters

Communicable Diseases

Interestingly, there is not a section on accident prevention or slip and trip prevention!!!

People that slip and trip whilst on holiday overseas account for the majority of accident claims that travel lawyers deal with for people that have had an injury on holiday. It would be sensible if theguidelines published by the FTOhad a section that helps to prevent people havingaccidents because they have slipped or tripped due to poor health and safety. They may even help their members avoid having to make big holiday injury compensation pay-outs.

WhileUK holidaymakersmay think that if atour company has not complied with FTO health and safety standards,they should be entitled to compensation if the failure to comply with them has causedan accident. That is not the case in spite of one of the UK's large tour operator actually using the FTO logo in the most important consumer pages ofits brochure; the booking conditions.

Nevertheless,experienced holiday law firms are available to help claim thousands of pounds in holiday accident compensation. Manyknow how to get round the tour operators' excuses that they do not have to comply with FTO standards.

In the recent decision of Griffin v My Travel UK Limited [2009] NIQB it was determined that the holiday company was liable when a bed collapsed causing injury to Mr Griffin's foot because of what was said in the tour operator's booking conditions.

Those injured are advised tomake a claimthough anexperienced travel lawyerswho hasspent time working for the major holiday companies as they will be better placed than others to find routes into making a personal injuryclaim a successful one.
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