Injured in turkey

NoodleDoodleMan

Solicitors deserting the case strongly suggests they were not confident of succesfully pursuing a claim, with the lack of a professional medical report being a crucial omission. 

Did you seek a doctor's appointment on returning home, or treatment in an Accident & Emergency department ?

Photos of the bracket do not constitute evidence of injury.

Were there any independent witnesses to the incident ?

The name of the hotel and the tour operator would be useful.

V3nn0

I beleive the negligence was on the part of the hotel by having an exposed metal bracket without warning signs around it. If there was no problem with the exposed metal bracket why would they cover it up with insulation and tape? Surely that suggests a problem with the exposed bracket and liability? 

As o entered into a contract with the tour operator they are responsible for my safety and well being under the Package travel, package holiday and package tours regulations 1992.

Specifically this bit

The tour operator is liable to the customer for anything that goes wrong that is caused by the improper performance of the contract. Most importantly the operator is responsible for all subcontractors.

That means, for example, the operator is liable if the quality of the service at a hotel in which the customer stays as part of the package fails to meet reasonable expectations, and automatically responsible for any accident which occurs during a camel ride arranged as part of the tour.

Limiting liability

A tour operator cannot limit liability for the personal injury or death of their clients.

It was a NWNF solicitor who I initially used. 

I would like to think they thought I had a valid claim otherwise it’s been a waste of 12 months on their behalf as well as mine. 

So the question remains I suffered a personal injury whilst on a package holiday. If the tour operator refuses to engage in wanting to remedy the situation when they are blatantly liable what recourse do I have? 

I think it really does send out the message do not get injured on holiday as there is not a lot you can do about it. 

Personal injury is a wide spectrum and because I chose to self medicate and look after myself shouldn’t mean i should be looked at any differently to someone admitted to hospital?

V3nn0

The injury happened 3 days into a 2 week honeymoon. The wound had scabbed over sufficiently that I did not require further medical attention when I got home. I do however still have a visible scar on my scalp ( I have no hair ) some 15 months after the accident.

Would a photo of a bracket with a flap of scalp still attached constitute evidence of injury? (This was submitted to the solicitors and subsequently the tour operator as evidence)

I Did get an incident report from the hotel (emailed to me) but this was not followed up by them. 

The tour operator is TUI.
The hotel is TUI BLUE TROPICAL. 

Also I’m sorry for replying to everyone in bulk I can’t seem to reply to individual comments ( I’m using my mobile so may be this reason!)

V3nn0

The only witness was my wife. One of the entertainment team came along a couple of minutes after and they told me to report it at reception. 

Pollycat

V3nn0 said:

I do however still have a visible scar on my scalp ( I have no hair ) some 15 months after the accident.

15 months?
🤔

V3nn0

Top pic 15 months after the accident
bottom pic approx 10 mins after accident ( sorry if too graphic ) 

bagand96

V3nn0 said:

It was a NWNF solicitor who I initially used. 

No Win No Fee legal firms operate on the basis of not charging the client up front, but instead taking a % of any compensation won, either in court, or an out of court settlement before that.

To operate in that manner they have to make a judgment on whether a case is worthwhile to persue. To close your case after initial dialogue with TUI means either:

- They don't think you have a case 
- There may be a case but they feel the chances of winning aren't certain enough to proceed (risk of not getting paid)
- There is a case but the likely compensation doesn't justify the work they'd have to put vs the £££ they'd get back

V3nn0 said:

So the question remains I suffered a personal injury whilst on a package holiday. If the tour operator refuses to engage in wanting to remedy the situation when they are blatantly liable what recourse do I have? 

The recourse would be to proceed with a legal case. You at least seem certain TUI are liable - I've no idea on that point, injury cases and proving liability and damages will be complex.

The problem you have is at least one legal firm appear to have abandoned the case. What did they say to you when closing the case? Surely they told you why they aren't willing to proceed? What was their dialogue with TUI?

You don't need solicitors to raise a claim in Small Claims Court, you can do it yourself. But you'd need to be confident enough to do it. First question - how much compensation do you want? How have you arrived at that figure, and how will you demonstrate in law that TUI are liable?

Or you could try with a different solicitor, but you may have to pay. I'd personally be taking on board any advice I got from the first solicitor before proceeding further. 

Pollycat

V3nn0 said:

Top pic 15 months after the accident
bottom pic approx 10 mins after accident ( sorry if too graphic ) 

Why on earth did you not get medical assistance?

V3nn0

Pollycat said:

Why on earth did you not get medical assistance?

At the time of the accident I was mainly concerned with stopping the bleeding as we were due to collect our 5yo from a kids club within the hour. I managed this with wads of tissue. Once it had stopped I didn’t believe there was much else that could be done. I kept it covered with tissues and a bucket hat. I was taking paracetamol and ibuprofen for the next 4 days as my head was banging. But at the time I didn’t feel the need to pay my £50 excess for medical expenses for stuff I already had. Maybe in hindsight I should have gone to the hotel doctor but I didn’t want to cause anymore upset to my wife or son than was necessary. 

kimwp

I appreciate that it would have hurt a lot, but you moved your head into an area that you couldn't see. Drivers have a responsibility to slow down when they can't see round a bend, suggest that personal accountability applies for not shoving one's head fast into a blind corner.

I suspect the lawyer thought it was worth a couple of communications to see if someone would cough up money but doesn't see it being a winning case in court.