In this guide, we will look at the process of making day tour personal injury claims. If you were on an organised day trip and were injured as a result of negligence, then you could be entitled to claim compensation.
When you’re on a day trip or tour, you’re owed a duty of care. Furthermore, you’re also owed a duty of care if you work on an excursion by your employer. If you’re injured as a result of a breach of this duty, then you could be entitled to claim.
We explain how you can start a claim with the help of a No Win No Fee lawyer from our panel. Find out more about how we could connect you with expert legal representation right now by:
- Calling our advisors on 0800 073 8801
- Requesting a callback when you contact us
- Using the ‘live support’ option to the bottom left of this page
Select A Section
- A Guide To Day Tour Personal Injury Claims
- How Could You Be Injured On An Excursion Or Day Tour?
- What Injuries Could You Suffer?
- Does A Tour Guide Have A Duty Of Care?
- Day Tour Personal Injury Claims Valued
- Get Help With Day Tour Personal Injury Claims
What exactly is a day tour personal injury claim and how might someone be eligible to start one? There are laws that aim to protect our personal safety by requiring those in control in certain circumstances to remove or reduce risk as much as they practicably can.
There are a number of different kinds of day trips that you could attend, including:
- Walking tours
- Rock climbing
- Quad biking
- Food tours
- Mountain biking
If you have the right evidence to show that you were injured because of a breach of duty of care, you may be in a position to claim money back from the tour operator in damages. Find out more about day tour personal injury claims by speaking with us.
What Are Day Tours?
Day tours are tourist destinations or visits to places of interest. They can be organised as part of package holidays, or a hotel may offer them to guests to book directly. In some cases, they can be events open to anyone.
Below, we have included some examples of the kinds of accidents a breach of duty of care could result in:
- Slips, trips and falls. This could happen if, for example, you’re disembarking from a coach in the dark and there aren’t reflective strips to show where the steps are, you could fall down the steps and injure yourself.
- Falls from a height. Sometimes day trips involve activities like abseiling where you’re taken to a height to perform the activity. If negligence, such as an unsecured harness, causes you to fall, you could be injured.
- Food poisoning. Some day trips might be catered, meaning that you’re given a meal as part of the excursion. If this food isn’t prepared in line with proper food safety standards, you could sustain food poisoning.
- Road traffic accidents. You might need to travel to or from the excursion via coach. If this is the case, then the driver of that coach (as well as other road users) has a duty of care towards you. If you’re injured as a passenger due to negligence on the road, then you could be entitled to claim.
These are just some of the examples of how you could be injured on an excursion as a result of negligence. Speak with an advisor today about day tour personal injury claims for a free assessment of how much your claim could be worth.
Below, we have included examples of some of the injuries you could sustain as a result of negligence:
- Cuts and lacerations, which can lead to scarring
- Neck injuries, such as a fractured neck, after a road traffic accident on the way to the destination
- Fractures, head injuries, or concussion as a result of a slip or fall
- Severe digestive problems may result from food poisoning
For more information on the injuries you could sustain as the result of tour provider negligence, speak with an advisor today. Or for more information on day tour personal injury claims, speak with our team today.
The Health and Safety At Work, etc Act 1974 outlines the duty of care that employers owe to their employees. This includes tour guides on day trips being owed a duty of care by the tour company operating the trip.
The Occupiers Liability Act 1957 places a similar legal duty of care on those who are in charge of public places that are accessible to members of the public. The Package Travel, and Linked Travel Arrangements Regulations 2018 explain your rights whilst on a package holiday- this is a holiday where one or more aspects of your trip (for example, flights, accommodation and an excursion) are booked together under the same provider.
The Adventure Activities Licensing Regulations 2004 and the Activities Centre (Young Person’s Safety) Act 1995 place a duty of care on those who organise outdoor activities for under 18s. They make it a legal requirement for those who provide these activities to hold a licence and have their management systems inspected.
For more information on the duty of care you’re owed on a day trip, and how a breach of this duty of care could lead to day tour personal injury claims.
When you claim compensation, you can be awarded compensation for the pain and suffering caused by your injuries. This part of your claim is called general damages and is worked out by comparing your injuries with those listed in a publication called the Judicial College Guidelines. These are guidelines that are used by legal professionals to help value claims.
The excerpt below illustrates a cross-section of injuries that could happen on a day tour. The amounts are guideline figures only and are from the latest version of these guidelines released in April 2022:
|Body Area of Injury
|What Level of Award May Apply?
|Brain damage (b) Moderately severe
|£219,070 to £282,010
|Person will require constant care due to severe cognitive and physical issues
|Brain damage (d) Less Severe
|£15,320 to £43,060
|Overall a good recovery with some residual issues concerning mood, concentration, memory and work prospects
|Neck (a) Severe (i)
|In the region of £148,330
|Paraplegia or partial immobility issues for life after a period of years in a collar.
|Neck (b) Moderate (iii)
|Moderate soft tissue damage and injuries that may accelerate a pre-existing condition over a less than 5 year period
|Back (a) Severe (ii)
|£74,160 to £88,430
|Special cases involving nerve root damage, lost sensation and mobility as well as scarring and chronic issues despite intervention
|Back (c) Minor (i)
|£7,890 to £12,510
|Full recovery (or to only nuisance level of pain) within 5 years
|Pelvis (b) Moderate (i)
|£26,590 to £39,170
|Whilst the injury is significant, no major permanent disability risk is expected
|Leg (b) Severe Leg Injuries (iii)
|£39,200 to £54,830
|Fractures, joint and ligament damage causing instability and almost certain risk of future arthritis
|Knee (b) Moderate (i)
|£14,840 to £26,190
|Torn cartilage injuries causing wasting, weakness and future disability. Can also accelerate pre-existing conditions
|Ankle (d) Modest Injuries
|Up to £13,740
|Sprains, strains and less serious ankle problems that may still cause aching, scarring and loss of movement
|Digestive System (b) Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning (iii)
|£3,950 to £9,540
|Cramps, altered bowel function, fatigue, requirement for hospital admission but full recovery within 12 – 24 months
As well as general damages, you could claim special damages. This is the part of your claim that compensates you for the financial impact of your injuries. For example, if you’ve experienced a loss of earnings for time taken off work or have had to pay for medical treatment, you could claim these costs back.
Personal injury solicitors can help you identify all these potential expenses and advise on the proof you will need to put them forward. Importantly, there is a 3-year time limit for making day tour personal injury claims and you can only claim once. Therefore, it’s essential to include everything that is appropriate, so get in touch with our team today.
You may be concerned about how to approach day tour personal injury claims with the help of a lawyer and worry about the legal costs associated with legal representation. If so, a No Win No Fee agreement or Conditional Fee Agreement can help. Whether you are an employee or a customer, you can use this agreement to fund the work of a solicitor to help you claim.
When you work with a solicitor in this way, they require no payment from you to act on your behalf. If the case fails they ask for no payment. A limited deduction of no more than 25% is taken if the case wins. This covers the solicitor’s time and efforts on your behalf with your case.
These benefits mean that anyone can access high-quality legal representation, whatever their financial circumstances. Get in touch by:
- Calling our advisors on 0800 073 8801
- Requesting a callback when you contact us
- Or use the ‘live support’ option to the bottom left of this page
Activity And Holiday Accident Claim Resources
As well as day tour personal injury claims, we can offer useful free legal advice on related topics:
- Read details about holiday accident compensation claims against Thomsons Holidays
- Or information on package holiday claims against Virgin
- Plus more on package holiday accident compensation claims against Easyjet
- The Royal Society for the Prevention of Accidents (RoSPA) have information on planning adventurous activities
- NHS advice on when to call 999
- Lastly, more help with enjoying your holiday safely
Written by Waters
Edited by Stocks