Can I sue following an illness on holiday?

The recent outbreak at the 4* Bahia Principe San Juan in the Domincan Republic has gained a lot of press coverage. The official report is yet to be published and there are several different reasons given for the outbreak.

 Some are blaming poor hygeine and food preparation at the hotel and others simply put it down to a viral illness. It won't be long before the most likely reasons are given, but by that time, the media interest may well have passed.

People get very upset about problems on holiday because let's face it, they're one of the most expensive purchases we make and we only have a limited time to enjoy them. If you take into account the "away from home" factor you can understand why a ruined holiday can be so traumatic and disappointing.

But whose fault is it?

As with most things, there is no straightforward answer.  It is important to assess every case on its own merits. You will need to consider:

• If there is an outbreak?
• If so, how many people are affected?
• Whether you think there's a reason for the outbreak?
• If you are given a diagnosis (usually following a stool sample)?
• If you could have contracted the problem away from the hotel?

These factors give a good indication of the position and if the hotel or accomodation is likely to be at fault.  You may then need to consider how you contracted to stay at your hotel.

If you booked directly with them, you may be stuck with suing them in the country where the outbreak happened. In many cases, this is unlikely to be easy and will often not be economic.

If you booked as part of a package holiday, you may be able to sue your Tour Operator in the UK. They are responsible for the acts or omissions of the hotel. It will be for you to prove your claim, but they will need show that they took reasonable skill and care in selecting the accomodation and in monitoring their systems and potential hazards. If they can do that, they are likley to be able to defend a claim successfully. After all, they cannot give a guarantee of safety in all circumstances.

A good example is an outbreak following the introduction of an illness which is brought in from outside. This is often the case with cruise holidays because of the confinement when at sea. The illness can be quickly spread and before long affects many people on the ship.

If a Cruise Operator confines those affected to their bunk and disinfects public areas regularly, it is probably doing all it reasonably can to prevent any further problems. In contrast, if it does little to contain it, then the pendulum swings firmly in the favour of the holidaymaker who is affected when they probably should not have been.

Luckily, most holiday illness cases are short-lived and pass after about 24-48 hours, but some people are not so lucky and are seriously ill suffering long term, sometimes fatal problems. However, whichever end of the scale your illness falls, I would always recommend contacting a lawyer to see if it is possible to pursue a claim.

You can get free initial advice from our dedicated Travel and Tourism Department by e-mail travelandtourism@colemans-ctts.co.uk or on the telephone by calling 0208 296 6825.