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Thomas Cook Holidaymaker wins £2,500 for trip injury by pool

A young holidaymaker who was on a Club 18-30 holiday run by Thomas Cook, has won compensation from the Tour Operator for a tripping injury she suffered by the hotel swimming pool.

The lady was walking towards the swimming pool at the Thomas Cook hotel when she tripped and fell, because of a badly lit step by the swimming pool.

Holiday Accident

The lady from Scotland suffered cuts and bruises to her shins, knees, elbows and hands. However, the worst injury from her trip was a double fracture to her foot, which caused significant swelling and pain and required a cast.

She was part-way through her holiday when the accident happened and was sad and disappointed to be confined to her room for the remainder of her holiday because of the severity of her injuries.

Swimming Pool Slip Injuries Whilst on Holiday

After returning home, the lady approached Simpson Millar, experts in holiday claims, to help her try and claim compensation from Thomas Cook.

Holidaymakers are legally protected under the Package Travel Regulations 1992 if they are injured or fall ill during a package holiday, through no fault of their own.

A tour operator, like Thomas Cook, is responsible for all the services they provide in the accommodation as part of a ‘package holiday'. This includes transport and accommodation, including the safety of areas such as the swimming pool.

Our client had purchased the Club 18-30 holiday package from Thomas Cook and so was able to pursue a holiday accident compensation claim for her tripping injury and the resulting double fracture injury to her foot. The accident was caused through Thomas Cook’s failure to ensure the swimming pool area was well lit or that the step was adequately marked for guests to see and was not a hazard for their other customers.

Legal action against Thomas Cook

Simpson Millar sent a letter of claim to Thomas Cook outlining our client’s injuries and the allegations against them.

Thomas Cook responded 9 months later and denied liability stating that they were not at fault for the lady’s injuries.

Medical evidence was obtained and sent to Thomas Cook along with an offer of settlement. With this evidence, negotiations were conducted between Simpson Millar and Thomas Cook. An agreement was reached and the young holidaymaker accepted a sum of £2,500 compensation for her injuries.

Dated: 11/06/2013

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