£4,500 awarded for foot injuries sustained on holiday | Case Study

Injuries suffered on holiday in Tunisia led to a 39 year-old man being awarded compensation of £4,500 for the toe injuries caused as a wardrobe door fell of onto his foot.

Injury details

The claimant was on holiday in Tunisia. His hotel room had a sliding door wardrobe. When he opened the sliding door it suddenly came off its rail. The door fell onto the toes of his right foot.

The wardrobe door was large and heavy. The man's foot was wedged underneath it.

The claimant managed to lift the door off his foot. The foot was immediately bruised from the accident and throbbing with pain.

Treatment was given at the hotel two hours later. The medical assistant provided by the hotel had limited equipment. Iodine was applied and ice used to ease the swelling.

After the accident the claimant had difficulty walking over rough or uneven surfaces. For seven months he was unable to kneel or bend easily.

On returning home the injury was diagnosed as a crush injury to the toes. The claimant was unable to work for one week.

The injuries caused pain and discomfort for 18 months in total.

The claimant also suffered from some post-traumatic stress lasting up to 24 months.

Allegation

It was maintained that the hotel was negligent in providing a room with a faulty wardrobe door and failing to provide reasonable medical care and attention.

The claimant alleged that the hotel did not carry out safety and maintenance checks appropriately causing the injury to his toes.

Following the accident the claimant was not able to enjoy his holiday fully and was unable to work for one week.

Conclusion and settlement

Liability was not admitted. The defendant offered to pay compensation without admitting fault.

Compensation was accepted by way of an out of Court settlement totalling £4,500

£3,750 of the damages was attributed to "pain, suffering and loss of amenity."

An additional £750 was awarded for the loss of enjoyment of his holiday and additional expenses incurred.