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25 July 2016
A honeymoon holiday was ruined when unmarked wet painted steps resulted in a fall that caused extensive injuries requiring medical attention.
Slater and Gordon Lawyer: Darren Dyke is a personal injury lawyer at Slater and Gordon Lawyers specialising in travel law.
What Happened: Our client had booked a holiday with Thomas Cook to stay at the Hard Rock Hotel Complex in Punta Cana, Dominican Republic for their honeymoon.
On the day of the accident she was stepping out of the hotel’s swimming pool when she slipped on a set of steps which had been recently painted and were not dry. There was no warning sign and they were not cordoned off.
Impact: Immediately after the accident our client experienced pain in her neck, back and right shoulder. She was taken to the hotel doctor who administered a pain killing injection. She was then taken to a local hospital to carry out x-rays. She was discharged back to the hotel with advice to use painkillers, ice for the bruising and rest.
The remainder of the honeymoon was ruined. She was confined to her room for a number of days. She could not swim and excursions which had been booked for the remaining days of the holiday had to be cancelled.
Our client also sought further medical attention and physiotherapy on return to the UK.
How Slater and Gordon Helped: We brought a claim on behalf of our client and arranged for medical examinations and evidence. The resort formally denied liability for the accident, stating that it was evident that maintenance work was taking place around the pool and had been taking place throughout the period of our client’s holiday and therefore she would have been aware of the risk of newly painted steps.
Our client was not aware the steps had been painted and did not see the steps being painted, there were no warning signs, the area was not cordoned off and no member of staff had advised them not to use the pool or the steps.
The resort initially made a an offer of settlement, which was rejected – we then proceeded to obtain a report on local standards in the Dominican Republic as evidence for what the reasonable hotelier would have done to prevent this type of accident. Court proceedings were then issued and then served, following which further settlement negotiations took place and the claim settled.
Decision: Out of court settlement of £8,000.
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