Holiday accident compensation

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Comments

  • hollydays wrote: »
    When my kids were smaller I'd check out the kids clubs, but never found the staff responsible enough, I found the staff were young and inexperienced and there were far too few per child.

    I agree, but if they advertise the service it is the responsibility of the company to have covered those bases. If they do not and something goes wrong then they are liable, and should be held accountable.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    I agree, but if they advertise the service it is the responsibility of the company to have covered those bases. If they do not and something goes wrong then they are liable, and should be held accountable.

    I agree totally. The tour operator should have regular audits also. It looks like an environment with unsupervised air hockey tables isn't the right environment for a 4 year old.
  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    edited 19 March 2017 at 11:34PM
    I see it as the problem is to do with the 'compensation culture'

    Everyone who mentions the word is tared with the same brush, they are after a payout for nothing so when in the OPs situation their claim is a genuine case they are made to feel guilty for pursuing it.

    I am sure they don't even want the money, they want their child not to be scared for life which isn't going to happen so the least they can do is make the company responsible pay.

    Its not even about the amount of money offered the refusal is more the denial of liability.

    I hope the OP goes after them with full force at least by doing this there is the hope that this will not happen to others.
  • Agricolae
    Agricolae Posts: 380 Forumite
    k3lvc wrote: »
    Personally I thinks your attitude re this stinks - you have travel insurance and this is what it's for but instead you're looking for some compo (and £6k offered isn't enough :mad: )

    Maybe one day you'll do something wrong which gives someone the opportunity to injure themselves (which by all accounts is what happened here) and the victim will come after you personally for their 'compensation'

    The more people jump on the 'compensation' wagon the worse it'll get

    Opinion or not, your comment is open to justifiable criticism, assuming of course that you read the whole thread. I never cease to be amazed by the attitudes of people on here.

    The travel insurer already declined a claim (although possibly the OP should have pushed back on this or claimed under another part of the policy).

    This isn't a case of parents being irresponsible and leaving their children unsupervised. They left their children in the care of those who advertised their services in this respect. These supervisors didn't do their job properly, and allowed a maintenance problem combined with the curiosity of the young to lead to a tragic and avoidable incident.

    This young child now has what appears likely to be an irreversible loss of function and disfigurement in one of their index fingers. Given the importance of a) the index finger in manipulating objects such as pens, keyboards, keys etc. b) the effect of a disfigurement on the development of a person's personality and self-esteem c) the possibility of lasting pain, I'd say this is hardly a trivial matter. Yes, I know it's a fingertip and not an arm or something, but that doesn't meant it can't have a significant impact on someone. As others have said, this child will be learning to write and if the fingertip is on the dominant hand this could have a real impact.

    Of course, money doesn't fix these things. It can't grow back a fingertip, but it can pay for private treatment and it can pay for any adjustments that need to be made so a person is not affected by their injury.

    In terms of compensation for the holiday which was understandably disrupted by what happened (on a practical level, the need for medical treatment, and on an emotional level, the inability to enjoy it), I don't think there is anything wrong in asking for some money back.

    I think the OP is going about things in largely the right way, and shouldn't be shamed for it.
  • S1446591
    S1446591 Posts: 14 Forumite
    Let me clear some things up.

    I am after compensation. For my daughter. Not for me. If you think my attitude of trying to get an apology and admission of liability regarding this above all else (which I've already stated) then that's up to you, but I'm not the type of person that wouldn't argue for justice, actually my job is that I fight for others' rights so I damn well will fight for my daughters.

    I left my children there to get ready for the Disney show they were VERY excited about taking part in, I do not regularly leave my children with anyone.

    It saddening that some people think that claiming for damages of a huge travel company (TUI group) who have insurance against these claims, and who have a duty under the Act to provide safe facilities, is wrong or greedy. I'll bet these are the same people who think everyone on disability benefits is a faker and on jobseeker benefits is a shirker.

    Don't presume to judge me or my motives for something you have no idea about, and might I suggest that, in future, you read all the information before jumping in with your unfair criticism and unjust opinion. Luckily you are the minority here so I thank everyone else for their support and encouragement.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Name Dropper First Anniversary First Post
    S1446591 wrote: »
    Let me clear some things up.

    I am after compensation. For my daughter. Not for me. If you think my attitude of trying to get an apology and admission of liability regarding this above all else (which I've already stated) then that's up to you, but I'm not the type of person that wouldn't argue for justice, actually my job is that I fight for others' rights so I damn well will fight for my daughters.

    I left my children there to get ready for the Disney show they were VERY excited about taking part in, I do not regularly leave my children with anyone.

    It saddening that some people think that claiming for damages of a huge travel company (TUI group) who have insurance against these claims, and who have a duty under the Act to provide safe facilities, is wrong or greedy. I'll bet these are the same people who think everyone on disability benefits is a faker and on jobseeker benefits is a shirker.

    Don't presume to judge me or my motives for something you have no idea about, and might I suggest that, in future, you read all the information before jumping in with your unfair criticism and unjust opinion. Luckily you are the minority here so I thank everyone else for their support and encouragement.


    I understand that you want the best for your daughter and that she does deserve monetary compensation for the permanent loss of her fingertip, BUT, why didn't you claim for that on the personal injury section of your travel insurance? It would have been easier and quicker and you could have put the whole sorry mess behind yourselves much quicker than attempting to drag it out with TUI.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • S1446591
    S1446591 Posts: 14 Forumite
    I *did*. It was rejected and I was told (by my lawyer) to claim directly from thomsons insurers.
  • Hey! What's the outcome now? have you moved any step further.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Name Dropper First Anniversary First Post
    S1446591 wrote: »
    I *did*. It was rejected and I was told (by my lawyer) to claim directly from thomsons insurers.

    Sorry, I didn't realise that. Bloody hell, that's shocking, that's what you take out insurance for surely.

    Have you taken that decision to the ombudsman?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • S1446591
    S1446591 Posts: 14 Forumite
    No, I'm no further forward yet. Will update when I hear anything back.

    No, because if I'm honest I want them to admit liability so my insurance won't achieve that. We tried to claim early curtailment too and they rejected that too. My insurance company are rubbish and needless to say, have been binned.
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