A leading law firm has warned operators to be wary of health and safety in the wake of a court case in which TUI Travel was forced to pay out £25,000 compensation to a British holidaymaker.
A 40-year-old father of two from Leicestershire booked a package holiday to the Dominican Republic through Thomson. He was encouraged by the evening entertainment host to come up on stage to recreate the ‘lift’ scene from the film Dirty Dancing.
The man was paired with a lady who came running towards him, jumped on him and caused him to lose his footing and fall backwards. He sustained a mid-foot fracture dislocation, which resulted in a degree of permanent impairment. This meant he could no longer work as a long-distance lorry driver.
After a trial at Northampton County Court in August 20 2008, the judge ruled in favour of the holidaymaker under the Package Travel Regulations. The client was awarded £25,000 in compensation plus costs, which he received in November 2008.
Penningtons Solicitors LLP case manager Kieran Mitchell said the case served as a warning to operators.
He said: “The ill-thought-out entertainment devised by the resort staff showed a lapse in health and safety protocol and had serious consequences for [the customer], which will have an ongoing impact.”
In a statement Thomson said: “Thomson can confirm legal action was taken against them in August 2008 following an incident in the Dominican Republic. Thomson was disappointed with the decision made by the courts to award the customer with compensation.”