To expect compensation from holiday company

[Ihaveausername]

Changing a few details and being vague to remain unidentifiable. My partner and I recently had a 2 week holiday somewhere warm to celebrate a birthday and anniversary. On day 2 of the holiday my husband was injured as a result of something breaking (that shouldn't have). He grazed his forearm from fingertip to elbow, slight grazing to the leg and suffered a bump to the head. He received first aid from a hotel employee including an ice pack for his head. The next few days were a write off until his wounds healed and he didn't feel so sore. I have pictures of it all and the bruises He still had 6 days later. It was reported at the time and the travel company representatives checked in on him.
On our return I submitted the photos and a report of the incident to the travel company for some kind of apology / compensation, but they have told us that is not possible as we did not get a medical report.
This seems so unfair and we are wondering if we should take it further. What are our chances? Anyone have any experience of this.

That’s awful especially at his age and having a head injury. I had to call an ambulance for my son at a uk lodge resort. The ambulance went to reception to ask for directions to our lodge so knew about it. Was for cluster seizures he had rescue meds that morning s
couldn’t have another. By the time ambulance got there she had stopped having them so they didn’t feel she needed to go to hospital. But reception called the lodge next morning to see how she was.

The OP describes the grazes as 'grazes' and 'slight grazes' in her OP (so not sure why so many posters are being so snide) She also mentioned a bump to the head which was treated by the hotel staff. A fall that causes grazes to the leg and arm and a bump to the head is a proper 'fall' - I think a lot of people would feel sore after that.

I'm sorry that this happened and spoiled your holiday OP.

I think that possibly the holiday rep in your hotel should have raised things a bit more strongly with the hotel at the time you were there as the hotel was negligent and they are lucky that your partner wasn't more injured than he was.

I do think though that you are on dangerous ground expecting more in terms of compensation because of his age/existing health as that kind of expectation is more likely to lead to future exclusions of other travellers who are older and with similar health backgrounds; the more likelihood of an insurance claim is dealt with by the higher premiums.

She later posted pictures of the slight grazes and claimed they weren't "simple grazes" but something much more serious. At least read the full thread before telling other posters off.

Any kind of head injury, however minor, should be checked out by a medical professional if the injured person is taking blood thinners. Why on earth didn't he seek medical advice at the time?

“He didn’t want to see a doctor”

that’s your problem, not the holiday company

@TwistedWonder

But if a silly comment there - 2 year olds do tend to be more resilient to falls and bumps than 70 year olds. Pretty normal for a 2 year old to have a bump, howl and then be running around again 5 minutes later, compared with fragile, brittle bones breaking.

YANBU to want apology / acknowledgement that this was below what a customer should expect, and some modest compensation. Wouldn't it make more sense to follow up again with the hotel though? If I owned a hotel and a 70 yr old guest injured themselves falling through a floorboard I hadn't maintained properly, I'd be mortified.

You're getting a hard time on here because so many people nowadays see any excuse to make mega-bucks out of minor inconvenience. I wouldn't expect significant amounts of money, but I'd pursue it because it feels unjust for a business to get away with this if maintenance was poor. They may be on thin ice re the medical report if they did not advise you to get one when you reported the injury to them originally.

DS2 broke his ankle playing football, outside our room, while we were on holiday in Cyprus when he was 5. He’d not seen a small rabbit like hole and subsequently got his foot caught in it. It was our second day and he ended up with his leg in plaster. The hotel gave us a small blow up boat thing so he could go in the pool, and a roll of bin bags to wrap his leg up so it didn’t get wet.

While the injury put a damper on the holiday, it didn’t ruin it, so I can’t see how a grown man grazing his arm can ruin a holiday, tbh, and it he didn’t want to see a doctor then he wasn’t that badly hurt.

Some years ago we were in the USA and I had an incident at a hotel where we were to spend two nights. There were wet wooden external stairs with no tape indicating the edge of each tread, nor effective lighting. Consequently, although I descended the flight without incident, the bottom two treads were 'turning a corner' which, it being our first night, I was unaware of - so I slipped and sprained my ankle. The hotel staff were as much use as a wet paper bag. I got hospital treatment and devices to help my mobility from the hospital but that was it. Nothing from the hotel (chain). However, the Tour rep did arrange for an upgraded suite at the next hotel in the chain. And a bottle of bubbly, but I neither sought or received any financial compensation. The hotel did put warning tape on the stairs before we left, so clearly they realised it was a problem and these days it would a Health and Safety issue.

Ex Holiday Rep here, also ex holiday complaints and ex Holiday Legal Dept person (ex as in the very large firm I worked for went bust less than 10 years ago).

So, an accident form should have been completed or some sort of 'incident' report especially if reported yo the Rep. I was completing these over 30 years ago for 'incidents' such as this.

The key thing here is was the area where the incident happened well maintained? Did it meet with local standards as in is there a local regulation saying (for instance) that wooden pathways need replaced every 5 years or checked for damage/rot regularly. What reasonable (reasonable is the key word here) steps and procedures does the hotel have in place for inspecting/maintaining the area where the incident happened.

I've seen all sorts, wains walking face front into glass patio doors (with no markings ☹️), people sitting on plastic patio chairs that collapse, ceilings falling in, loose tiles in pools causing serious toe injuries and a multitude of slips and falls due to wet floors (signs present and not present on occasion).

You may well decide to pursue this further, holiday firms will have a dept to deal with personal injury claims. In my honest view, it won't be worth much but even 15 years ago I'd have bunged you a voucher to get rid (no offence).

I’m sure that must have stung and left him unable to swim or apply sun tan lotion so it definitely is crap for you all but I don’t think it warrants compensation but I’m not a solicitor so I think you’ll need legal advice here. I would have just chucked on a long sleeved top and sat around the pool etc with an injury like that.

So why didn't he want medical attention?

My husband works in an emergency department and someone came in needing more than paracetamol for ‘the pain’ of a paper cut - was that your husband?

I was thinking that. My daughter fell in school yard once and had grazes like the ones in your picture on her knees, one arm and her face. She didn’t even want to come home just got cleaned up and cracked on with whatever game they’d been playing. Think she was about 5 1/2 at the time. Unless your OH has some underlying condition I’m struggling with how that could wreck the best part of a week’s holiday.

The time for compensation was while on holiday, free drinks or free room on day of checkout.

Have you tried resolver or ATOL etc...?

We used resolver recently, it wasn't the greatest outcome and we got no compensation for pain/distress but at least we did eventually received money for costs incurred from moving and having to pay to use off site facilities and a refund of the activity that my child was injured on due to staff incompetence. Still a pathetic outcome but at least we weren't left out of pocket.

With each back and forth and escalation up the chain the amount they would pay went up from nothing but an apology and 'promise to investigate' to a partial cost voucher for a return (not bloody going back) to cash covering our incurred costs to cash covering cost + activity refund but it takes time and is a bit soul crushing. It only got to that point where cash was offered once I invited offical arbitrators who would charge them money to investigate the case. In the end I just accepted that because its not worth anymore of my time and we want to move on.

They will keep trying to get around the official channels and 3rd parties but don't let them, only communicate through a 3rd party that can verify it.

What specifically was it that he wanted to do on holiday that he missed out on doing as a result of the injury?

Did you miss the bit where she mentioned he also had a head injury he’s 70 and has had two strokes? The upshot is the floor shouldn’t have given way people can die from a bang to the head. Especially someone her husband’s age and health history.

Then he should have gone to hospital!

But even so --- 6 days recovery from a light graze? His underlying conditions see to be the problem more than anything.

My mum is 70 and has had two strokes, so I understand how serious something like this can be even if it doesn't look like it outwardly.

However I am not sure why you didn't go to a hospital? I'd have taken my mum straight there, given her medical history.

As for compensation, I'm not sure. I'd expect them to look into it and be a bit more bothered than you've said, but I don't know if I'd be after a payout.

Agree with this.

If his injuries were that much of a concern then he would have sought medical attention.

Oh fgs I've had worse from my cats.

I don’t think you’re going to get anywhere with the hotel unless you engage a solicitor and even then it will probably cost more than you’d receive.
You can write honest reviews on Trip Advisor and Trustpilot naming the hotel and the nature of the incident.