A newlywed, who was gravely injured after he fell from the balcony of a quest house whilst on his honeymoon, is due to be compensated for the accident.
Matt and Marilyn Bullivant began their stay at the Chellowdene guest house in Falmouth, Cornwall, on the 21st September 2015. The couple checked into their room and Matt – aged thirty-six from Peterborough – put on the kettle and then stepped out onto the balcony adjoining their room. However, once Matt leaned against a balustrade, it collapsed and Matt fell fifteen feet before hitting the ground.
The newlywed was rushed to hospital, where he received treatment for serious injuries to his head, back and hand, which had been shattered. The rest of his honeymoon was spent in hospital, and it took three and a half months for him to recover enough to return to work in a warehouse. However, even now, Matt still has a metal plate in his hand – which causes him a lot of pain – and has reduced sensation in his back.
An investigation of Matt’s accident was carried out and it determined that the balcony was not adequately maintained. Troy and Julie McCann, who own the guest house, were subsequently prosecuted by the Cornwall Council’s Public Protection Department for breaches of the Health and Safety at Work Act. Earlier this month, they plead guilty to the charges at Truro Magistrates’ Court and were fined £4,000 and ordered to pay £3,037 in costs.
The couple have consulted a personal injuries solicitor and have been waiting for the resolution of the health and safety case before claiming compensation themselves. Speaking to a local paper, Matt said that “I was angry with them to start with – they should’ve maintained the property. If it was my wife or kids out on the balcony they could’ve died.” He has now proceeded to claim for compensation.
A trainee nurse, who was injured after the brakes of a rental bike failed whilst on holiday in the Peak District, has been awarded a four-figure settlement of compensation for her injuries.
In July 2013, Phyllis Bright – a twenty-one year-old trainee nurse from Lincoln – visited the Peak District with her boyfriend. As part of their trip, they decided to rent bicycles to hire around the area and did so from the Peak District National Park Authority’s Visitor Centre. They then travelled to the Upper Derwent Valley.
As the couple travelled to down to the Abbey Brooke Bridge, Phyllis noticed that the brakes on her bike were not working. As such, in an attempt to prevent a collision with the stone wall of the bridge, Phyllis jumped from her bike.
Due to the impact upon the ground, Phyllis sustained many soft tissue injuries across her body and face, as well as an injury to her jaw. Phyllis was taken to the Northern General Hospital in Sheffield, where she received stitches to the injuries on her hands and chin.
Phyllis then consulted a personal injuries solicitor and subsequently made a claim against the Peak District National Park Authority. The claim alleged that the authority were liable for her injury as they failed to adequately maintain their bicycles, and as such put her in danger. The authority conceded liability for the injuries and offered Phyllis an undisclosed settlement of compensation, which she decided to accept.
Speaking to The Sun after the announcement of the settlement, Phyllis said that “I’m glad I can now begin to put this all behind me and move on with my life after receiving a settlement from the park authority. Realising I had no brakes halfway down a steep hill with a stone bridge at the bottom of it was a scary experience. I never thought I’d end the day in an ambulance on the way to hospital with cuts and bruises all over me. The accident has left me with a number of scars that act as a long-term reminder of what happened and I really struggled to eat and sleep afterwards.”
A holidaymaker, who contracted irritable bowel syndrome after a Christmas holiday in Egypt, has been awarded a settlement of compensation for her illness.
Clare Maidment, aged twenty-seven from Washington in Tyne and Wear, went on holiday to Hauza Beach Resort in Sharm-el-Sheik with her partner, Nathan Hawkins, in December 2010. However, just a few days after the couple arrived at the resort, both of the holidaymakers started experiencing symptoms such as diarrhoea, illness and stomach cramps.
Though Nathan’s illness was not too severe, Clare had to make several visits to the resort’s doctor. At one stage, she was administered fluids through an IV drip to help alleviate her dehydration.
Even after her return to England, Clare continued experiencing her illness. She was then diagnosed with post-infective irritable bowel syndrome. As she was receiving treatment, Clare sought legal counsel and proceeded to make a claim against Freedom Travel Group, the organisation through which she organised her Egyptian holiday.
In her legal action, Clare alleged that the resort had substandard hygiene. She claimed that the food in the hotel was served lukewarm and was left uncovered for hours in the heat. Clare also alleged that the public toilet facilities available for guests were not cleaned adequately.
However, liability for Clare’s illness was denied by the tour operators. As such, a date was set in court such that a judge could determine liability and settle the case. Yet three weeks before the court hearing, Freedom Travel made an offer of compensation. Clare, acting on her solicitor’s advice, accepted the offer.
Clare, speaking after the settlement of her holiday illness claim, told the local press that “I’ve had an absolutely horrible time with my symptoms, both while I was in Egypt and since I’ve come back home. Some of the medical tests I’ve been through have been awful and my diagnosis just added insult to injury. Now a settlement has been secured I will finally be able to move on from what I went through and the impact it has had on my day-to-day life.”
Two Lancashire families have told their solicitor to lodge an injury compensation claim for a coach crash whilst they were on holiday.
The two families in question – the Hannah family from Ormskirk and the Rothwell-Bowness family from Aughtin – were travelling from the La Rosière ski resort in the south-east of France to the Chambéry Airport on the 4th January 2015 when the crash occurred. The vehicle let the road and overturned, coming to rest against a guard rail that prevented the vehicle from dropping down into a ravine below.
An investigation is still being carried out by the French police. The parents of both families sustained grave injuries in the near-fatal accident, though the children escaped the coach having just sustained minor injuries. Even so, each of the thirty-two passengers that were travelling on the coach were considered lucky to leave the scene with their lives.
Katie Hannah, forty, had to undergo an operation to remove glass that had become embedded in her right arm, as well as sustaining heavy bruising and other cuts. The scarring to her body is likely to be permanent, and she has suffered severe emotional trauma. Mrs Hannah’s husband, Gary (forty-four) sustained nerve damage to his right shoulder and is still receiving treatment. It is still uncertain as to whether or not he will regain full use of the limb.
Sarah Rothwell-Bowness (forty-two) broke her wrist in the accident, as well as suffering many cuts to her right arm. She has had many operations in both England and France in an attempt to heal the damage, and she will have further surgeries later in the year to remove the pins in her arm. She, too, may never regain full use of the limb.
The families have hired a solicitor to investigate the circumstances surrounding the crash. If it is discovered that the driver made an error that caused the accident, they will be able to make a claim against Esprit Holidays, the company with which they booked the trip.
Mrs Rothwell-Bowness has stated that “We had a great trip in France but the day of the crash has to be one of the worst of my life. We all simply want to know what happened and what can be done to ensure it doesn’t happen again. The last few months have been the most difficult time of my life and I would not want anyone to have to face what I’ve been through.”
A man from County Antrim has been awarded compensation in excess of €40,000 (approximately £28,700) by the Dublin High Court after an accident by the poolside whilst he was on holiday.
The accident occurred on the 29th August when Vincent Reid, seventy-two of Lisburn in County Armagh was on a week-long package holiday at the Hotel Savoy Palace in Lake Garda, Italy. On the fourth day of his getaway, Mr Reid had just sat down on his lounger by the pool with the intent of relaxing and reading his paper. As he went to recline, the middle finger on his right hand was caught in the lounger’s arm and the tip of his finger was sliced off. Mr Reid sought emergency medical treatment at Lake Garda’s local hospital. His finger remained in a protective splint upon his return to his native Northern Ireland.
Mr Reid subsequently made a compensation claim against the Dublin travel company Topflight Ltd, which which the holiday was booked. The claim for the poolside accident was made through the Injuries Board. Yet the company denied any liability for the injury to Mr Reid’s finger, and the claim lodged by Mr Reid was moved to the High Court.
The hearing, overseen by Mr Justice Michael Hanna, heard Topflight Ltd’s representatives argue the injury that occurred to Mr Reid was not predictable, and that mechanism that enabled the chair to recline should have been locked in place before the victim attempted to recline. Yet Judge Hanna did not accept the unforeseeability of the incident, stating that if the sun lounger could collapse lest the mechanism be securely locked, this should have been known by staff at the hotel. The judge also heard of a similar incident to another Irish holidaymaker at the hotel but a few days earlier.
Judge Hanna ruled in favour of Mr Reid, finding Topflight Ltd was liable for the accident under the Irish Package Holidays and Travel Trade Act of 1995. Mr Reid was awarded €40,796 in compensation after hearing of Mr Reid’s ongoing pain and limited mobility in his digit.