Archive for June, 2014

Negotiations Result in Compensation Settlement for Woman’s Holiday Back Injury

June 7th, 2014 | By licnewsadmin

A holidaymaker, who sustained severe injuries to her back after a boat excursion, has settled her compensation claim against the negligent tour operator out of court.

Carol Smith, fifty-three, was holidaying in MExico with her husband in June 2011 when the accident occurred. Mrs Smith had just finished a session of radiotherapy to assist in battling her breast cancer, and as part of the climax of the holiday, the couple had booked a boat trip to go swimming with whale sharks. Yet when they boarded the boat and headed out to the Cancun sea, there was a change in the weather, and a storm developed.

Huge waves crashed against the boat, and conditions became so rocky that many of the passengers developed sea-sickness. The captain of the vessel was asked to cancel the excursion and return to shore, yet he refused those requests and continued on. An hour after they had set off, a wave hit the side of the boat and threw Mrs Smith from her seat. When she landed on the plastic seat, she knew that she had caused some damage to her back, and spent the rest of the trip sitting as rigidly as possible and clinging on to the side of the boat until it returned to land. The rest of the holiday was spoiled and upon returning to the United Kingdom, Mrs Smith  had x-rays carried out on her back. They revealed that she had sustained two fractures to her spine after being thrown from her seat, and she was then admitted to hospital for three weeks. Mrs Smith also had to wear a neck brace for a further eight weeks after leaving hospital.

Mrs Smith and her husband sought legal counsel, and then made a compensation claim against the tour operator through which they booked their holiday, Thomson Holidays, for the fractures she had suffered to her back. They claimed that the whale shark excursion that the company had offered them was not safe.

Thomson Holidays conducted an investigation into the incident and admitted liability for Mrs Smith’s injuries. An undisclosed settlement was agreed upon between the parties for the victim’s back injuries.

 


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