If you have the misfortune to have an accident abroad it goes without saying that it is a very unpleasant experience; if your injuries are serious and arise from an event that is not your fault it is even more unpleasant.  However, to be injured, disbelieved and be the subject of falsified evidence which attempts to besmirch your reputation is exceptionally unpleasant. 

Carole Peters, a lady of mature years, suffered a broken arm and head wounds when she fell down a flight of stairs at her hotel in Greece whilst on holiday.   To add insult injury the hotel's management rejected any suggestion that the hotel was responsible and set about a campaign to suggest that Mrs. Peters had been very drunk and furthermore had been wearing unsuitable footwear and had thereby caused her own accident.

Mrs. Peters contended that the lack of a handrail on the stairs, in contravention of the legal safety rules was the cause of her accident alone.  The case was heard in the Central London County Court.  The hotel presented witnesses, who also happened to be friends of the hotel management, to suggest that she was not only drunk but extremely drunk and wearing unsuitable heeled shoes. 

However, the judge was unimpressed by the witnesses and was not persuaded by the snapshots of Mr. & Mrs. Peters "in circumstances where alcohol was being consumed" or the suggestions that she had been "staggering around".  He concluded that Mrs. Peters was not responsible for her own accident. The judge found that Mrs. Peters' contention that neither she nor her husband had drunk any alcohol that evening as they faced a long drive the following day and that she was in fact wearing flat shoes and not heeled shoes was indeed the truth.  Mrs. Peters was awarded £33,750 in damages that the travel agent TUI will have to pay.

If you have an accident abroad which is due to the negligence of others, the best way to ensure that you are not subject to the kind of ordeal that Mrs. Peters experienced is:

  • To photograph and document all the circumstances, including your footwear and clothing. 
  • Ask for the contact details of all potential witnesses, including medical staff and the police. 
  • Write contemporaneous notes outlining the entire incident, if possible signed by your witnesses.
  • Where appropriate report the incident to the local police.
  • Where appropriate inform the British consulate or embassy.
  • Ask the manager of the hotel/restaurant/bar/nightclub for details of their insurance and legal team.

The more comprehensive and accurate the evidence is, especially when such evidence can be corroborated by witnesses, the greater chance of successfully achieving damages for your distress and suffering.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.