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  • FIRST POST
    • S1446591
    • By S1446591 14th Feb 17, 3:58 PM
    • 13Posts
    • 11Thanks
    S1446591
    Holiday accident compensation
    • #1
    • 14th Feb 17, 3:58 PM
    Holiday accident compensation 14th Feb 17 at 3:58 PM
    Hi all

    We saved for ages to go on a 'holiday of a lifetime' to Mexico in September. The hotel was booked through Hayes and Jarvis, but via Thomson.

    The hotel had a kids club which we used a couple of times. Once a week the kids club would join in on a Disney themed show with professional dancers as part of the entertainment program. My daughter was at the kids clubs for rehearsals with her 6yo sister, when she was involved in an accident. The air hockey table in the kids club had its maintenance panel missing, and her hand got caught in the fan belt of the motor.

    She took the tip, pad, and half of her nail off. The nail grew back but the rest didn't. The tendons were shredded too meaning she has what's known as a mallet finger, meaning it's permanently bent. She was sedated and her finger cleaned at hospital in Mexico then daily dressing changes and checks.

    We lost the last 5 days of the holiday (14 days total stayed) because we were in an eco resort with lots of animals and she couldn't get stitches because the skin was gone.

    I've submitted the complaint to Thomsons early October and their legal team is dealing with it.


    My question is - should they come back with an offer, what should I consider a reasonable amount?

    Total holiday cost was £8998

    Thank you for any help
Page 3
    • S1446591
    • By S1446591 20th Mar 17, 8:14 AM
    • 13 Posts
    • 11 Thanks
    S1446591
    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.
    • ThumbRemote
    • By ThumbRemote 20th Mar 17, 9:54 AM
    • 3,716 Posts
    • 4,700 Thanks
    ThumbRemote
    Indeed I may be but as entitled to my opinion as others are to theirs. The child, whilst unsupervised, carried out an action that led to the injury and based on the schedules previously shared the OP has been offered above the suggested rate for 'amputation of tip of the middle or ring fingers' yet is still pushing for more.
    Originally posted by k3lvc
    Why have you quoted that about 'middle or ring fingers'? It was their index finger - see post 2. Have you just made it up to try and make the OP look bad, or have you decided to criticise them without even reading the thread?
    • TBagpuss
    • By TBagpuss 20th Mar 17, 10:39 AM
    • 5,294 Posts
    • 6,941 Thanks
    TBagpuss
    OP, although you were advised to cliam via thompson I think you would be wise to go back to a solicitor to get some proper advice about the appropriate level of damges here,. This may mean that the lawyer will need to see mediacal evidence of the likely long termefects for your daughter.

    in terms of compensation the issue is then:

    - how much should your daughter reeived for pain & suffering and loss of amentiy in the future
    - how much should you receive for the curtailment and disruption of your holiday
    - what out-of-pockt expenses have you had and are you / your daughter likely to have, moving forward.

    For the finger, one issue would be whether this is likely to continue to be vuilnerable moving forward, is she likely to need further medical treatment etc.
    • takman
    • By takman 20th Mar 17, 3:48 PM
    • 1,968 Posts
    • 1,589 Thanks
    takman
    I *did*. It was rejected and I was told (by my lawyer) to claim directly from thomsons insurers.
    Originally posted by S1446591


    Is the hotel owned by Thomson? because as far as i'm aware they don't own any. If not i'm just curious why you wouldn't claim against the hotel directly because they are the ones who have been negligent?.


    A missing panel that covers moving parts on a device designed to be used by children is obviously unacceptable. But it is the hotel owners who are liable for this and not Thomson.


    Have you asked the Travel Insurance company if they will claim directly from the hotel?
    • S1446591
    • By S1446591 20th Mar 17, 10:22 PM
    • 13 Posts
    • 11 Thanks
    S1446591
    Is the hotel owned by Thomson? because as far as i'm aware they don't own any. If not i'm just curious why you wouldn't claim against the hotel directly because they are the ones who have been negligent?.


    A missing panel that covers moving parts on a device designed to be used by children is obviously unacceptable. But it is the hotel owners who are liable for this and not Thomson.


    Have you asked the Travel Insurance company if they will claim directly from the hotel?
    Originally posted by takman
    Because, quite simply, the travel agent (as the seller) has a duty of care under the package holiday regulations 1992, to ensure the hotel is safe and secure, and fit for purpose. And, as I understand it, Thomson have taken so long as they are negotiating withthe hotel's insurers. It's not a small hotel either, it's a big chain.

    I have not asked this directly, but I guess this could be another option. I did ask if I could use the legal cover for advice on doing so and they said no because it was a package holiday (clause in there that I can't sue travel agents).
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