£2.5 Million Settlement in Hotel Illness Case
A group of British holidaymakers has won more than £2.5m in compensation for illness contracted while staying at a hotel in Spain.
Many holidaymakers were struck down with 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 £2.5m in compensation, thought to be the largest settlement of its type. The money will be divided between almost 1,000 claimants on the basis of a number of factors including the severity of their illnesses.
If you contract an illness whilst on a package holiday, you may have the right to claim against the tour operator. It may be difficult to obtain a great deal of evidence – especially when you are unwell – 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 they failed to exercise reasonable care to prevent the infection or contamination.
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