Slipped on a wet floor on holiday...

[pintsizedblondie]

Hi all, Last week we were on holiday in Mexico. On the Saturday morning, after heavy rainfall, my partner has slipped and fractured his shoulder on a wet hotel floor. We had to go to hospital where he had an X-ray and had to pay $700 in treatment costs. Once back at the hotel, we had a meeting with the manager but he really wasn't very sympathetic or accommodating in any compensation. He's now in a sling for 4-6 weeks and has so far been signed off work for two weeks. He went to the fracture clinic today and has been told he has also broken a rib.

There was a wet floor sign and a protective mat close to where he slipped but not in the actual area. The area where he slipped was covered over but the rain was coming through open arches and was soaked through. After he slipped, a cleaner moved the wet floor sign into the area and started mopping up the water.

This obviously spoilt the rest of our holiday and we had to cancel a trip on the Monday we were due to take. I'm not very happy with how it has been dealt with and wondered if anyone had any suggestions on how to take this further? I plan to ring Tui, but any advice is gratefully received. Thank you.

You need to instruct a lawyer. You need to find a solicitor who has experience of both personal injury and travel law.

This is a starting point for firms in London but these tend to be bigger firms and are usually more expensive for being in London and being larger.

ttps://www.legal500.com/c/london/transport/travel#table_3304

The same directory has regional recommendations down there left side. There is a similar one called Chambers & Partners that may have other suggestions.

Start with your travel insurance.

What have your travel insurance said?

We've only just sent all the documents and claim form off.

Anyone else?

Was there any nearby cctv?

Was it a package tour that you were on?

If so a claim is a bit more straightforward as you can claim against tour operator rather than hotel in Mexico.

With whom and where did you book the holiday? Was it a package?

And how did you pay for it?

Your travel insurance will look to reclaim their costs from the hotel. That solicitor will also look into compensation for you. Phone travel insurance and talk to them

When you saw the wet floor sign, what did you do as a result of seeing it? When you say it wasn't in the actual area, how far away was it?

We booked with Tui. I've put a complaint in a week ago but still waiting to hear back. I will chase it up in a few days if I still haven't had a reply.

My fiance was just walking normally. There were no mats down to walk on. I think they didn't bother as that part was covered over but the rain came in sideways through the open arches.

You really need to see a solicitor for advice. One of the problems could be that local health and safety may play a part.. As an example, many buildings are built differently to that in the UK and English law cannot be applied in quite the same way, so what is acceptable in a different country may not be acceptable here.

The reason I asked whether it was a package is because if there is a breach of the tortious or contractual duty of care, with a package bought in England your remedy will lay in the English courts, if there does turn out to be a breach.

Finally, if you bought using a credit card for over 100 pounds, if a breach has occurred, you would also have an action against the credit provider. That is an either, or, not both, so you could attempt to recover damages against one or the other.

It is definitely worth seeking a view from a PI specialist lawyer.