We were instructed to pursue a holiday compensation claim by a family whose young daughter had been injured as a result of an accident at a fairground in Spain.

Our client, who was on holiday with her family, visited the local fairground. She was on a bungee trampoline ride operated by the defendant when one of the cables snapped and she crashed against the side of the ride.

As a result of the accident she suffered significant scarring as well as a form of post traumatic stress disorder and instructed us to pursue a holiday compensation claim.

We were able to use our skill and experience of dealing with this type of holiday claim. We were able to identify that under Spanish consumer protection laws, accidents of this nature reverse the burden of proof.  This meant that as long as our client was able to prove that she injured while using the ride and did not cause the accident by her own misuse of the ride, then she was entitled to damages. 

Despite the fact that this was an accident abroad, we were able to pursue the matter through the English courts against the insurer of the ride, MAPFRE. Our client was much happier to be pursuing the holiday claim in her own country and it also meant that she wasn't subject to some of the procedural rules in Spain that can make the pursuit of a holiday compensation claim so difficult.

Court proceedings were issued and at an infant approval settlement hearing the Judge awarded our Client £3,600 for the pain and suffering she had endured.