All-inclusive and package holidays to the Canary Islands are popular choices for British holidaymakers. The islands enjoy one of the worlds best and most temperate climates and are visited all year-round. Going on holiday to stay at hotels and resorts means; relaxation, fun and enjoyment. However what happens if there is an accident which causes an injury? If you have suffered unnecessarily due to an accident or incident that could have been avoided while staying at a hotel you may be eligible to make a claim for compensation.
A hotel has a duty of care towards both its staff and customers to provide a safe and hygienic environment in which people can work and travellers can enjoy their holiday. In the event there is a breach in this duty the operator of the hotel can become liable for any harm caused as a consequence. Depending on how you booked your holiday such claims could be made directly against the hotel itself, or against a UK tour operator through whom you purchased your hotel. If you booked you holiday as a package deal and the hotel was included in this deal and the entity responsible through negligence for your accident leading to your suffering was the hotel then you could claim back in the UK under UK law against the UK based tour operator.
To learn more about Canary Islands hotel accident claims please read the guide below. If you have been injured at a hotel in the Canary Islands that was not your fault, you can contact Accident Claims UK today by dialling 0800 073 8801 to contact a personal injury solicitor.
Select A Section
- A Guide To Claims For Accidents At A Hotel In The Canary Islands
- What Is A Canary Island Hotel Accident?
- Who Could Be Responsible For My Accident In A Hotel?
- Slip Trip Or Fall Accidents At A Hotel
- Campylobacter And Waterborne Illnesses
- Hotel And Resort Bed Bug Bite Injuries
- Lift, Stair And Escalator Accidents
- Could I Claim For A Spa, Gym Or Swimming Pool Accident?
- Hotel Room Burn Injury Claims
- What Other Types Of Injury Could I Claim For?
- What Should I Do If I Have An Accident At A Hotel In The Canary Islands?
- What Could My Canary Island Hotel Accident Claim Compensate Me For?
- Personal Injury Compensation Claims Calculator
- No Win No Fee Claims For Accidents At A Hotel In The Canary Islands
- How Could Your Team Help Me?
- Begin A Hotel Accident Claim
- Essential Links And British Embassy Services
If you have been injured in an accident at a hotel in the Canary Islands it may be confusing to know what steps you should take. As well as having to navigate different healthcare and legal systems you may be facing language barriers which can make things even more difficult to deal with. If this has happened to you or is happening now, it may be difficult to know who to turn to for advice. This is where the team at Accident Claims UK and this guide to claiming compensation for a Canary Islands resort incident could help.
The first thing to note is that there are various pieces of legislation, such as The Package Travel and Linked Travel Arrangements Regulations 2018 which can help you to claim compensation in the UK for an accident which happened on an entity of a package holiday that was booked in the UK under a UK tour operator if liability can be proven.
An accident could happen in any part of your resort or hotel. The owner, operator and management of the hotel or resort are responsible for making sure that guests are provided with a safe hotel environment.
Hotel owners should conduct health and safety checks on a frequent basis. They must make sure that there are no safety hazards or risks and obviously should not act in a negligent way. If you have been injured at a hotel which was booked as part of a package holiday it is also important that you inform your travel rep onsite or agency if there is no local contact.
In order for a traveller or hotel guest to be able to make a claim for an accident in a hotel it must be proven that the hotel operator or its staff have acted in a negligent way which has caused an avoidable incident and unnecessary injuries.
Not all hotel accidents that cause suffering will be the responsibility of anyone. Accidents can happen everyday day which could not have been prevented. For this guide we are looking specifically at accidents that through correct health and safety procedures and policies, as well as regular maintenance could have been avoided. If accidents are prevented as foreseeable hazards have been mitigated then injuries have been avoided. If a hotel operator or those who provide package deals including the hotel fail in their duty of care to provide a safe and well maintained environment they could be liable for any unnecessary suffering,
Slips, trips and falls may happen in different locations around a hotel or resorts grounds. For example, swimming pools and spa’s may be great places to relax, but they could also be the scene of an accident such as tripping over on a broken tile. Hotel guests might also slip in their hotel bathroom if they have not been provided with a non-slip bath or shower mat.
It is important that any hazards that may cause a slip, trip or fall such as a spillage or food that has fallen to the floor, leaky pipes, obstructions in walkways, loose balconies, poor and damaged handrails, even poor lighting should all be rectified in a timely manner so to avoid unnecessary slip trip and fall accidents.
If not properly maintained, a swimming pool may be the ideal environment for potentially harmful infections to spread. Any Canary Islands hotel you are staying at or visiting should properly disinfect their swimming pool as part of their normal cleaning process. If there is no presence of chlorine in the swimming pool, you could contract an infection or illness.
If you have contracted an illness or suspect that a swimming pool is not safe you should notify your hotel straightaway. Potential infections and illnesses which could be contracted from a swimming pool may include campylobacter or E.Coli.
These are not the only way you could be harmed in a swimming pool. Slips, trip and falls are also examples of swimming pool accidents.
Whilst not strictly an accident in a hotel bed, you could still claim compensation if you suffered bed bug bites as a guest at a hotel. Your claim may be made on the grounds that the hotel or resort had failed in their duty of care to you as a guest to make sure there were no pest infestations.
Bed bug bites may sound harmless, but the effects of such injuries may extend beyond simple bite marks. People could experience a variety of other symptoms such as pain, itching and even anxiety. In some cases, these symptoms could last for several months after being bitten by bed bugs. There may even be other forms of long-term harm, such as mental anguish which you could be compensated for.
Stairs, lifts and escalators could all become unsafe for tourists and may be causes of accidents if they are not properly maintained. Stairs and handrails could become damaged and be a potential trip or fall hazard if not repaired. They could also be the site of slips if they have been wet-mopped but not dried before allowing guests to walk on them.
Elevators or lifts can cause issues if a lift mis-levels where there is a gap between the height of the floor and lift, people could trip up entering or exiting the lift.
Similarly, if an escalator is not well-maintained people could also be injured by getting clothing or accessories caught in exposed moving parts.
If your hotel accident injury involved a lift, staircase or escalator accident, talk to our team today.
There are many different ways in which a hotel guest could be injured whilst using facilities such as a gym, spa or swimming pool if health and safety is allowed to lapse. If exercise equipment is not properly maintained or clear instruction are not labelled a gym user could become injured.
Similarly, as we have seen if swimming pools are not cleaned properly and if the areas around them are not properly maintained, people could very easily suffer an injury by tripping over or could contract a bacterial infection.
Hotel spas may offer a variety of different beauty and relaxation treatments. If they are using certain products they may need to check that a guest it not allergic before using it on a client.
There are a variety of ways in which someone could be burned whilst staying at a hotel through no fault of their own. Canary Islands resort incidents which could be deemed the fault of the hotel and which may lead to a burn or scald injury may include;
- If food or drink is served at temperatures which are too hot, and if guests are not warned, they may be burned either by the food or drink or by very hot plates.
- Hot drinks or foods may be accidentally be spilled on a guest. Whilst this may be deemed an accident, the member of staff may have been able to take more care to prevent the spillage.
- Showers or baths which are damaged may not properly regulate the temperature of the water and cause the user to be scalded.
- Radiators or other room heaters which are damaged may become too hot and also cause burns or scalds to anyone who comes into contact with them.
Hotels may be liable for accidents causing injuries or illnesses that occur due to failure to comply with health and safety laws of the country, this could include;
- Failing to maintain hotel facilities allowing them to fall into disrepair which has caused a guest to become injured.
- Injuries caused by broken furniture.
- Food poisoning due to lack of food safety standards.
- Allergic reactions due to failure to include any allergen information.
The following tips are presented as guidelines as to what you could do if involved in a Canary Islands resort accident or incident at your hotel that has caused you an injury that was not your fault. They are not intended to serve as specific legal advice for what you should do.
Firstly, take care of your health. Make sure that you receive any necessary treatment for your illness or injury. You could then take the following steps.
- If anyone witnessed your illness or injury, ask for their name, phone number and other contact details such as their address or email address.
- If the incident was recorded by CCTV cameras ask for a copy of the video footage.
- Photograph the scene of the accident showing the cause of the incident.
- Photograph your injury (if visible).
- Report the incident to the hotel and ensure that they record it as having happened.
- If on a package holiday, contact either your local representative or tour company in the UK and make sure they record the incident in their accident report log.
- Ask for copies of any medical records from doctors or hospitals.
If you want to pursue a claim once you are back in the UK contact an accidents claims solicitors and they will be able to evaluate your circumstances and tell you whether you have valid grounds to pursue a claim.
If you are claiming compensation for an accident at a hotel, you may wish to learn what you could be compensated for.
Whether you are claiming compensation for sickness caused by campylobacter or for a broken arm, the larger part of most compensation settlements is the damages directly awarded for your injury or illness. This is called general damages and in the following section, we look at rates of general damages which you could be awarded in different circumstances.
In addition to this, you could also be compensated for a number of other costs through special damages. The purpose of these is to place you in a similar financial position to that which you were in prior to your accident taking place.
For example. You could be awarded compensation for costs such as medical expenses you have had to meet to treat your injury or illness in the Canary Islands, additional transport costs such as getting to and from medical appointments and (if necessary) the cost of returning to the UK earlier than scheduled. You could also claim compensation for any negative effects to your income, such as lost earnings or benefits.
Depending upon how your injury affected you, you may also be able to claim compensation for any lost enjoyment connected to your holiday – such as the cost of excursions you are now unable to attend. In extreme instances, you may also be compensated for some or all of the cost of your holiday.
As identified above, the main part of a personal injury claim settlement is general damages. As is the case with special damages above, how much you could claim in general damages depends on your specific circumstances. In our personal injury claims calculator below we have included Judicial College Guidelines figures that are used when conducting claims under English law to calculate general damages. If your claims is to be pursued under Spanish law the amounts may differ.
|Head Injury||Minor||£2,070 to £11,980||In cases such as this, the brain damage inflict will have been minimal. An injury of this nature might have different levels of injury, take different recovery times, and display different symptoms.|
|Shoulder Injury||Moderate||£7,410 to £11,980||Frozen shoulder with limitation of movement and discomfort with symptoms persisting for about two years.|
|Shoulder Injury||Severe||£18,020 to £45,070||As a result, you could experience pain associated with neck injuries and involving damage to the brachial plexus resulting in significant disability.|
|Back Injury||Minor||£7,410 to £11,730||Where a full recovery or a recovery to nuisance level takes place without surgery within about two to five years.|
|Back Injury||Severe||£85,470 to £151,070||A severe back injury could involve serious damage to the spinal cord, the nerves in the back, and could have serious consequences to the integrity of the back. A severe back injury may also cause disability.|
|Post-Traumatic Stress Disorder||Minor||£3,710 to £7,680||Minor cases of PTSD will be expected to make a full recovery with the help and input of a professional.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||Those with moderate levels of PTSD may also make a recovery, but could be left with symptoms.|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470||Severe cases of PTSD might impact those who have been left with life-altering repercussion to their health and well-being. A claim at the higher end of the bracket might experience foreseeable difficulties and have permanent disabilities.|
We have a panel of no win no fee solicitors who maybe able to handle your claim. This means that there is much less risk to you as a claimant. When you start your accident claim you will not need to pay anything to your personal injury lawyer upfront.
Q: What Are No Win No Fee Agreements?
A: They are a way to fund a personal injury compensation claim without the need to pay your solicitors legal fees until your claim is successfully resolved.
Q: Will I Have To Pay Anything If I Lose?
A: If you do not win your claim, there are no legal fees to pay your solicitor.
Q: What Will I Pay If My Claim Is Successful?
A: If you are awarded compensation you will need to pay what is called a ‘success fee’ which comes as a percentage of your compensation award.
We are experienced in helping people to make successful personal injury claims, such as for accidents at a hotel. Whether you contracted E.Coli from poorly prepared foods, were injured in a slip, trip or fall, or harmed in any other way, you could be able to claim compensation through our team if liability can be proven.
When you contact us we will spend time talking to you to find out exactly what happened to you. Our friendly and professional team will make sure that you fully understand what is happening at every step of the claims process and will fight to secure you the best possible settlement for your particular circumstances.
To discuss how an accident at a hotel in the Canary Islands has affected you, you can talk to our no win no fee personal injury claims specialists.
Live chat you can also talk to us through the live chat feature on this and other pages across our site.
If you have been involved in a Canary Islands hotel accident and require emergency help and assistance, you may need to contact the British consular services. There are two consulates in the Islands group. One is based in Gran Canaria, the other in Tenerife.
British Consulate Las Palmas de Gran Canaria
Calle Luis Morote 6-3º
35007 Las Palmas de Gran Canaria
Call: +34 928 26 25 08
British Consulate Santa Cruz de Tenerife
Plaza Weyler, 8, 1º
38003 Santa Cruz de Tenerife
Call: +44 (0)1908 516666
Canary Islands Holiday Accident Claims
Learn more about how to claim compensation if you have been injured whilst on holiday in the Canary Islands.
Spanish Holiday Accident Claims Guide
In this guide, you can learn more about how to claim compensation for a variety of other types of accidents on holiday.
Advice about what to do if injured in an accident on holiday.
Advice About Travel Insurance
Article by RB