If you have been injured while on a holiday as a result of someone else’s negligence, you may be entitled to make a personal injury claim for compensation for your injuries and expenses incurred.
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However, the way in which a compensation claim for a holiday accident is handled from a legal perspective will depend on whether:
If the accident happened while on holiday in Ireland, this would be handled as an Irish personal injury claim and would be assessed as such.
But if the accident took place while on holiday in another country, in most cases, it is only possible to make an injury claim in Ireland if the holiday was booked as part of a package. This is because it would be covered under The Package Holidays and Travel Trade Act 1995 .
A package holiday is sold at a total or inclusive price, must last for more than 24 hours, or include an overnight stay.
It does not matter if you are asked to pay separately for different parts of the package (such as, the flight or transport); your holiday is still considered to be a ‘package holiday’.
Package holidays can be ready-made or customised package.
Ready-made package holidays
Ready-made package holidays have at least two of the following included:
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:
For more information on package holidays, visit: Package holidays and linked travel arrangements
If you booked a package holiday to another country, 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 the tour operator could be liable for any injuries suffered while using these services, for example accommodation, transport, car rental or excursions, if they were as a result of negligence.
If your accident happened, for example, on the premises of a hotel that you booked through a package holiday, you could make a claim against your travel agent for this, rather than having to take a case against the hotel itself.
Or, if you were injured on an excursion that you booked as part of the package, you could take the claim against the travel company that booked that excursion.”
If your accident happened somewhere that was not part of your package holiday, such as in a local restaurant or on an independent tour, the process becomes more complex.
In these cases you would need to engage a solicitor in the country where the accident occurred, and you would not be covered by The Package Holidays Act 1995.
If you book the different services of your holiday separately, for example you book your flights directly with an airline and book your accommodation separately, and they don’t form part of a package, you are not protected by the Act.
In this situation, it may still be possible to make a claim for compensation, but you would need to contact a solicitor in the jurisdiction where the accident happened, as it may not be possible to make a compensation claim in Ireland. The claim would be subject to the laws of that country.
If you are unsure of whether you are able to make a claim in Ireland or not, please contact us and tell us about your case. We will be happy to assess your situation and give you personalised advice.
If a tourist in Ireland is injured because of someone else’s negligence, an Irish solicitor can facilitate a personal injury claim for them.
At Tracey Solicitors LLP, we regularly handle compensation claims for people living outside of Ireland and can manage the injury claims process for them. Our multilingual team can assist those for whom English is not their first language.
Below is our guide to what to do when you have been injured on holidays and are pursuing an international personal injury claim.
Following an accident on holiday, there are a number of steps you should follow:
Following an accident on holiday, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.
You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you report the accident to management. You may be required to fill in an accident form, to create an official record of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.
Collect contact details of any witnesses to the accident – their names and contact information.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a claim for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered most of the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident solicitor to help you with this.
When you decide you want to move forward with your claim it is important to have as much as possible of the relevant information to hand when contacting a solicitor. Some of the important information to have on hand at this point is:
As a solicitor is aware of the claims process they can avoid any legal bumps in the road you might encounter if you looked after this matter yourself. It is their job to be your trusted advisor on all legal matters throughout your case. They will work to get the best possible outcome for your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us to progress your case.
As soon as your solicitor has gathered all the information, your accident claim will be submitted to the Injuries Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the other party accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the other party reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point prior to a court hearing date without you ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and this allows you to focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a holiday accident claim you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of a holiday accident, for example, loss of earnings (if you are out of work), medical bills (abroad and in Ireland), and added travel costs as a result of the accident (for example, travel to and from the hospital). This may be a financial burden for people who have sustained an accident abroad. They may have no travel insurance, added travel costs as a result of the accident. For example, travel to and from the hospital or last-minute travel arrangements to travel home. Learn more about Special Damages.
After suffering an accident on holiday, there is specific timeframe in which you can make a claim.
This timeframe may depend on the country where the accident occurred.
In Ireland, the statute of limitations is two years minus one day from the date of accident or date of knowledge of your injuries.
The rule is different for minors (under 18 years of age). A minor cannot bring a personal injury claim forward themselves. However, a parent or guardian can do so on their behalf at any time before the child’s 18th birthday.
There are some exceptions to this rule. This is why it is always advisable to speak with a solicitor who specialises in holiday accident claims.
Learn more about Legal Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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