A retired gentleman from Cheshire has successfully sued Thomas Cook for injuries sustained when a dartboard fell on top of him at a hotel in Fuerteventura, part of the Canary Islands.
Mr Glover and his wife's preferred annual holiday has always been Fuerteventura, whenever they go, they pack their darts in anticipation of playing at the hotel or a local bar. When they arrived at the Oasis Village Hotel in Corralejo, they were delighted to find the hotel had a dartboard. Whilst well used and perched on a makeshift easel, it seemed to be good enough, at least for an informal game of darts.
On the second day of the holiday, Mr Glover decided to have a game of darts with his wife, however, to his surprise, when he pulled the darts out after throwing his first round the dartboard and easel fell on top of him. This caused an injury to his head and a laceration to his elbow which required stitches.
This injury left Mr Glover with a permanent scar, suffice to say, the remainder of the holiday was ruined.
Concerned that the accident could repeat in more serious circumstances, such as if a child was nearby, he contacted Simpson Millar LLP's Travel Law for assistance.
We represented Mr Glover in a formal claim against Thomas Cook. It was also hoped that either Thomas Cook or the hotel manager may sit up and take action to ensure there would not be a repeat of the accident.
Initially, Thomas Cook's Customer Legal Department vehemently denied liability on the basis that the dartboard was not defective. They also asserted that in order to claim compensation Mr Glover would have to show that there had been a breach of the applicable standards of Fuerteventura.
This was despite the fact that the hotel had gone to the extent of changing the dartboard from being perched on a hazardous easel, to a properly wall mounted dartboard with case – as you would expect to see in pubs up and down the UK.
The photographs below show the dartboard before and after our client's accident.
Simpson Millar LLP were helped Mr Glover prove a breach of Canary Island standards by relying on applicable EU regulation which compels service providers, such as hotels, to ensure equipment is safe and there are suitable guidelines for use.
Proceedings were issued against Thomas Cook who went to the extent of appointing a central London Law Firm to defend matters. It seems, however, that the solicitor appointed by Thomas Cook quickly saw sense and advised them to settle the claim for an amount in line with that of the UK courts.
Mr Glover was very pleased with his compensation and the measures that have since been taken to prevent future accidents.
We help people that have suffered accidents and injuries overseas, whether it's a sporting injury, a slip on a wet surface in the hotel reception or more a more serious incident such as a balcony fall.
Get in touch for a chat about how we can help you by filling in our quick, no obligation enquiry form and we will call you back or you can call us directly on 0808 145 1353.