Monday, April 14th, 2008
An author who claimed that the smells from a nearby shoe factory and shop prevented her from writing serious literature has received an out of court settlement of £115,000 including costs from its insurers. She claimed that the fumes from the premises caused her physical problems which prevented her from writing the sort of literature for which she was known and, as a result, she was reduced to writing thrillers. She produced medical evidence to show that she suffered from nerve damage consistent with exposure to chemicals.
Author Joan Brady was living in Totnes, Devon, when she found that she was suffering from numbness to her hands and legs, which she alleged was due to toxic substances emanating from the nearby premises. The local council’s environmental health department initially failed to detect the problem but eventually paid Ms Brady £4,000 in compensation after the Local Government Ombudsman ruled that it was guilty of maladministration.
Says Steven Kinch, “The law protects people who are injured by gradual exposure to toxic substances as well as those injured in an accident. If your health has suffered because of the activities of someone else, you may be entitled to compensation.”
For more information email Steven Kinch at skinch@bbc-law.co.uk.
Wednesday, April 9th, 2008
A group of British holidaymakers has won more than £2.5 million in compensation for illness they suffered while staying at a hotel in Spain.
Many holidaymakers contracted the ‘norovirus’ infection while staying at the Beach Club Hotel in Torremolinos between 2000 and 2002. Norovirus is the name given to a group of viruses, the symptoms of which are nausea, vomiting, diarrhoea and stomach cramps. The virus is often contracted from eating or drinking contaminated substances.
The effects of the virus normally last for a few days, but some of the claimants are still suffering from its after-effects years later.
The holidaymakers brought the group action against tour operators Thomson and Thomas Cook, who for a long time denied liability for the claim, even though over a prolonged period a number of people had become ill while staying at the hotel. However, medical evidence was produced as well as documents showing that the hotel management, along with others, had made serious mistakes with regard to hygiene.
Shortly before the case was due to be heard in the High Court, the claim was settled. The tour operators and the hotel agreed to pay more than £2.5 million in compensation, thought to be the largest settlement of its type. The money will be divided between nearly 1,000 claimants on the basis of a number of factors including the severity of their illnesses.
If you are struck down with illness on a package holiday, you may have a right to claim against the tour operator. It is important to remember that such illnesses are common and to obtain compensation you need to prove that the tour operator was at fault and the resort failed to exercise reasonable care to prevent infection. In order for a claim to be successful, there are a number of steps you should take:
It may be difficult to obtain a great deal of evidence - especially when you are ill - but in order to be successful, you will need to demonstrate that the tour operator (i.e. the resort they have contracted themselves to) is the source of the sickness and that they are responsible for it because of a failure to exercise reasonable care to prevent the infection or contamination.
© Copyright 2008 Burt Brill and Cardens Solicitors