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25 August 2016
A holidaymaker who suffered serious injuries to her eye whilst paintballing in Spain was awarded a five-figure compensation pay out for loss of vision.
Slater and Gordon Lawyer: Joanne Berry is a principal lawyer and travel litigation solicitor at Slater and Gordon in Manchester.
What Happened: Our client was participating in a paintballing activity whilst on holiday in Malaga, Spain. At the start of the activity she was not provided with any training or instructions, nor was she provided with appropriate protective equipment. During the course of the activity, the visor which was supposed to protect her eyes slipped down. As she tried to adjust it back into place she was hit in the eye by a paintball.
Impact: Our client sustained a significant eye injury to her right eye. She attended a hospital in Spain on the day of accident where she was examined She then flew home the next day so she could receive treatment in England. She underwent surgery to try to repair her eye. However as a result of the injury she now has permanent loss of vision in her right eye.
How Slater and Gordon Helped: We brought a claim against the public liability insurer of the company who ran the paintballing company. Following the issue of proceedings the Spanish paintball company firmly denied responsibility and also argued that a claim could not be pursued in England and Wales due to a jurisdictional clause within the insurance policy.
Decision: A settlement of £57,000 was negotiated.
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