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Glasgow Man wins £4,500 Compensation for Ear Infection & Flight Delay

Holidaymakers tend to simply assume that an ear infection is just something you get while on holiday.

However, there are circumstances where a claim can be made against the offending tour operator, if they or the staff at their featured hotels are likely to be at fault - as was the case with Mr Smith from Glasgow.

Mr Smith booked 14 nights at the Lykia World Hotel in Antalya for him and his family with Thomas Cook. Upon his arrival at the hotel, the family were excited to learn that they had been upgraded to a room with its own private pool.

Holiday Pool Illness

However, a few days into the holiday he developed an ear infection which caused so much pain that he needed to be hospitalised. Of course this completely ruined the rest of holiday as when he was discharged the infection was still painful and he was unable to use the hotel swimming pool.

To make matters worse, the family were subject to a long flight delay upon their return.

Annoyed that his family holiday was ruined a written complaint was put in to Thomas Cook.

Simpson Millar Instructed to Sue Tour Operator for Ear Infection

Unhappy with the response from Thomas Cook, Mr Smith instructed Paul Stevens of Simpson Millar to represent him in a formal personal injury claim against Thomas Cook

It was alleged that the swimming pool was the cause of the illness - Mr Smith had identified various concerns such as the presence of insects in the pool and a general lack of cleanliness.

Thomas Cook robustly denied liability although they did disclose documents that indicated that others staying at the same hotel also had ear infections - but did not necessarily reported their problems to the holiday representatives.

Upon considering the response from Thomas Cook, it was determined that the Claimant had good grounds for making a claim so proceedings were issued against Thomas Cook.

Once proceedings were issued against Thomas Cook, they agreed to compensate Mr Smith for the ear infection and the flight delay element of the claim.

Holiday Hotel Watch

Upon receiving his compensation, the Mr Smith said of Paul Stevens that he:

“Kept me informed and got the result we are looking for.”

Paul added:

“I was pleased to have been able to assist Mr Smith with his claim. A lot of the time ear infections on holiday are minor and people are able to still make the most of their holidays. That said when the infections are serious and require medical treatment, consideration should be given to making a claim against the tour operator”.

“Hotels have a duty to properly maintain swimming pools so they do not cause ear infections. In situations where this is likely we would urge individuals to step forward and contact us to find out whether it is worth pursuing a claim against the travel company.”

Call us today for help with a Holiday Ear Infection Claim

Simpson Millar Solicitors employ specialist holiday claims lawyers that are able to help unlucky holidaymakers claim against their tour operators.

Besides ear infections, we are able to help people pursue claims for holiday accidents and food poisoning.

In fact we are currently assisting two people that suffered sickness bugs at the Lykia World in Antalya.

We can be contacted today for free advice on 0808 145 1353 or you can email us at holidayclaims@simpsonmillar.co.uk and one of our travel lawyers will be in touch with you shortly.

Date:24/07/2013

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