Compensation Awarded To Derbyshire Man After Egypt Holiday Accident
04/02/2011
A Derbyshire holidaymaker who tore his ankle ligaments while on holiday in Egypt has won his battle for compensation after a court ruled that the tour operator Thomson had failed to ensure his safety on a private hotel beach.
Kevin Wright from Ripley was using the private beach at the Hotel Tropicana Grand Oasis, Sharm El Sheikh, in 2005 when he fell on an unsecured jetty that hotel staff were working on. After tearing his ankle ligaments in the accident, Mr Wright was forced to spend the rest of his holiday in a wheelchair and with his leg in plaster.
Upon his return to the UK, Mr Wright’s injuries required him to take six months off work before eventually forcing him to quit his job as a window fitter because of ongoing problems with his ankle and the psychological effects of the accident.
Users of the beach at the Tropicana Garden Palms were required to use a jetty to access the sea, in order to protect a coral reef.
Mr Wright was on the jetty while watching his son swimming when he suddenly felt it become unstable and detach from its mooring. Mr Wright was unable to return to shore and the instability of the jetty caused him to be thrown to the floor.
In a local hospital, doctors confirmed that Mr Wright had torn ligaments in his left ankle and after consulting with his GP on his return to the UK, he was sent for physiotherapy.
Mr Wright approached holiday accident specialists at Irwin Mitchell to pursue a compensation claim against Thomson, and following a hearing at Birmingham County Court, the tour operator was found to be liable for Mr Wright’s ankle injuries.
Mr Wright was awarded £10,000 in compensation and the holiday accident solicitors that represented Mr Wright are calling on all tour operators to make sure that their resorts are safe and that regulations are enforced.
Nicholas Jackson from Irwin Mitchell’s travel law team said: "We had repeatedly tried to come to an amicable solution with Thomson but they have unnecessarily insisted on taking things all the way to court. It is a big relief for Mr Wright to win his battle for justice, it isn’t about the settlement it is about the principle of the tour operator taking responsibility for the safety of its customers.
"This is a tragic case of a man who has suffered injuries that could easily have been avoided had basic health and safety measures been put in place.
"Tour operators are responsible for ensuring the safety at the resorts their customers are being sent to. This incident is unacceptable and demonstrates a complete disregard for health and safety.
"We are now urging Thomson to ensure that measures are put in place to protect holidaymakers to avoid incidents like this in future."
Mr Wright said: "Thomson tried to claim that I didn’t even have an accident, despite being confined to a wheelchair with a cast on and reporting the incident to one of their holiday reps at the resort. It’s absolutely absurd and I’m relieved that this is now over and I can start to move on with my life.
"It's been terrible over the past few years. I was a window fitter before the accident, but I couldn’t walk properly for six months after the incident and I still suffer pains in my ankle , so I no longer fit windows as I used to before the accident.
"Staff were working on the jetty when we arrived, but at no point were we, or any of the other guests, told that the jetty was unsafe to use.
"When it started moving around I was struggling to hold on as the jetty was swaying from side to side, but my main concern was for the safety of my son."
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