We were instructed to pursue a holiday compensation claim by a client as a result of a significant head injury she sustained whilst on holiday in Canada. The holiday claim was pursued under the Package Travel Regulations against her Tour Operator, Thomas Cook Signature.

Shortly after checking in to the hotel which formed part of her holiday package, our client exited the lift on the way to her room. As she did so, she walked directly into a pane of glass which was completely transparent and unmarked. As a result of the impact, she fell backwards on to the floor and struck her head sustaining a head injury.

Her condition deteriorated over the next few hours and as a result, she was taken to a hospital with the appropriate neurological facilities, where bleeding on the brain caused by the head injury very sadly resulted in a stroke. As a result, our client sustained very significant difficulties with speech and was partially paralysed.

Although she did make a partial recovery from this accident abroad, she continues to suffer from significant disabilities as a result of the stroke induced by the head injury.

We were able to use our knowledge and expertise to identify the evidence required, and then instruct the appropriate expert to provide that evidence. We were also able to show that the glass partition should have been marked and on the balance of probabilities, if it was, the accident would not have happened.

Court proceedings were issued against the Tour Operator, Thomas Cook Signature. Before the need for the matter to go to trial, we were able to settle the claim by negotiation with the Defendant in the sum of £450,000.

Partner at colemans-ctts solicitors Nolan Mortimer commented:

"Mrs T and her husband had worked hard all their life and were happliy enjoying their retirement when this tragedy struck. Through no fault of her own, her whole life was affected. She became totally reliant on others for support and care and could do very little to help herself. She was also very frustrated by the difficulties she had with communication.

Whilst the money could not bring back her health, I was glad we were able to help make her life more comfortable."