Unfortunately, accidents can happen anywhere, including while you are on holiday. If you suffer an injury while abroad because of someone else’s negligence, you may be wondering whether you can bring a personal injury claim for your injuries and expenses incurred.
The answer is yes. However, the process is not always straightforward.
Whether your claim can be pursued in Ireland, or if it needs to be taken in the country where the accident happened, will depend on whether the holiday was booked as a package or not.
Solicitor Elaine Hickey, of Dublin Personal Injury Law Firm Tracey Solicitors LLP explains:
“If you booked a package holiday, and the accident happened while using the services of that package, the Package Holidays and Travel Trade Act 1995 allows you to take a personal injury claim in Ireland against the travel agent or tour operator who booked it for you.
This Act means that your tour operator could be liable for any issues or incidents that arise while using these services. This could include accommodation, transport, car rental or excursions.”
What is classed as a package holiday?
One of the first things to establish is whether your trip was booked as a package holiday. Package holidays can be ready-made or customised.
Ready-made packages
A ready-made package will usually include at least two of the following:
- Transport, such as flights, cruises, rail or coach travel
- Accommodation
- Car rental
- Tourist services, including organised tours, excursions, guides or admission tickets
Customised packages
A customised package is where you choose the different parts of your holiday; therefore, it is not a ready-made holiday.
You buy the customised package online through a website, or offline from a travel agent or call centre. All the parts you buy must relate to the same trip or holiday.
A customised package must include either:
- A single contract for all services
- Separate contracts with different travel service providers, where:
- All of the contracts are bought from a single point of sale
- All services are selected before you agree to pay
- There is a total or inclusive price.
Generally, a package holiday is sold for a total or inclusive price and lasts for more than 24 hours or includes an overnight stay.
Even if different parts of the holiday are paid for separately, it can still qualify as a package holiday.
“If your holiday qualifies as a package holiday and your accident happened while using one of the services included in that package, you may be able to make your injury claim in Ireland,” says Elaine.
“For example, if you were injured because of unsafe conditions at a hotel that formed part of your package holiday, you may be able to pursue a claim against the travel company that organised the holiday rather than taking legal action directly against the hotel itself.”
The same principle applies if the injury occurred during an excursion or activity that was included as part of your package.
However, not every accident that happens while you are on holiday will fall within the scope of the Act.
“If the accident happened somewhere outside the services included in your package, such as a local restaurant or an independently organised activity, you would generally need to speak with a solicitor in the country where the accident occurred, as the Package Holidays Act would not apply,” adds Elaine.
What if your holiday wasn’t a package holiday?
Many people now book flights, accommodation and activities separately. Where your holiday has been arranged in this way, you are not protected by the Package Holidays and Travel Trade Act 1995.
This does not prevent you from making a personal injury claim, but it may mean that the claim must be brought in the country where the accident happened.
Elaine says:
“Every country has its own legal procedures and rules when it comes to personal injury claims. In these situations, a solicitor in the country where the accident occurred will be best placed to advise you on your legal options.”
She also notes that compensation levels can vary significantly between countries.
“Depending on the jurisdiction, the level of compensation available may be lower than in Ireland. A local solicitor will be able to advise whether pursuing a claim is worthwhile in your particular circumstances.”
For this reason, having appropriate travel insurance in place before travelling is always advisable. While insurance does not replace a personal injury claim, it can help cover medical costs and other expenses.
What should you do after an accident abroad?
If you are injured while on holiday, taking the right steps at the time can help protect both your health and any potential claim.
- Seek medical treatment
Your health should always come first. Obtain medical attention as soon as possible, even if your injuries appear minor. Keep copies of all medical reports, prescriptions and receipts.
- Report the accident
Notify the relevant authority or organisation without delay. Depending on where the accident happened, this could include the local police, your hotel, the airline or your tour operator. Ask for a copy of any incident reports where possible.
- Gather evidence
If it is safe to do so, take photographs of the accident location, any hazards involved and your injuries. If anyone witnessed what happened, try to obtain their contact details.
- Keep records
Write down everything you can remember about the incident, including the date, time, location and what happened. Hold on to receipts for any expenses related to the accident.
- Speak to a solicitor
If your accident happened while using services included in your package holiday, an Irish-based solicitor experienced in personal injury claims can advise whether your claim can be brought against the tour operator.
If the accident falls outside your package holiday, or your holiday was independently arranged, you may instead need to instruct a solicitor in the country where the accident took place.
Seeking legal advice as early as possible is vital. In Ireland, there is a strict time limit on when you can make a claim for a personal injury. In most cases, this is two years minus one day from the date of the accident, or date of knowledge of your injuries. However, it takes time to process a claim, so the sooner you act, the better.
