'Completely ruined' - Lancashire grandma wins huge payout from On The Beach after nightmare holiday fall

A grandmother received substantial damages from her holiday company after she sustained significant injuries from a headfirst fall along a “poorly lit and badly surfaced” pathway on her first night in Fuerteventura.

The woman from Lancashire suffered multiple soft tissue injuries, severe facial bruising and long-term shoulder issues at the two-star Hotel Puerto Caleta on the east coast of the island.

Her legal representatives, Hudgell Solicitors, successfully argued the hotel failed to maintain the pathway and to ensure it was adequately lit and she recieved £23,000 in damages from package holiday company On The Beach.

Holiday ‘completely ruined’

Under package travel regulations, On The Beach, with whom the woman and her family booked the holiday, was legally forced to accept full responsibility for our client’s fall.

The 52-year-old, who has asked not to be named, said: “It was our first holiday since Covid, and we were really excited and had planned to do loads of wonderful things on the island.

“But after what happened, the holiday was completely ruined from day one.

“I couldn’t swim, couldn’t eat properly – I struggled to chew food – and I felt so self-conscious as the whole side of my face was completely black.

“I’m not a clumsy person – I rarely have any accidents – so this came as a real shock.

“It was a big event in my life, thinking back, as, even when I got home, I was still in a lot of pain and had an unusual lump on my face that made me look deformed.

“It’s not in my nature to look for blame, but what happened was not my fault. Everyone says it is never about the money, making a claim, but it really wasn’t – it was about the principle.”

Pathway yet to be repaired

From the moment they checked in – they were only given a hand-drawn map of how to find their apartment – to the aftermath following her fall, our client felt they were continually mistreated by staff at the Hotel Puerto Caleta.

She said: “The hotel was so disinterested, and it was clear they were trying to pull the wool over our eyes.

“At first. they didn’t provide us with an accident form and when they did give us one it was written in Spanish.

“After we finally reported the incident, we had a closer look at the block pavement, and it was horrendous – I surely can’t have been the only one to have fallen in the dark down that pathway.

“We also noticed that four lights were not switched on along the pathway the night I fell. They were on the next night, so it was clear someone had forgotten (to turn them on).

“The hotel was so confrontational and made me feel very uncomfortable. We went back to Fuerteventura recently and paid a visit to the hotel and, unbelievably, they still hadn’t fixed the pathway.

“It’s because we were treated so unfairly and did nothing to improve the situation that I asked for help from Hudgells.”

Disregard for health and safety

On The Beach at first refused to admit liability for what happened but did indicate a “willingness” to settle our client’s claim.

Yet it was not until Hudgell Solicitors issued court proceedings that liability for the accident abroad was finally accepted.

Accident abroad specialist Anne Thomson, a senior litigation executive for Hudgells, said: “Our client understands that accidents abroad can happen, especially on the first day of a holiday when people might be tired from a long journey and still acclimatising to new surroundings.

“But, in this case, it was quite clear she was badly let down by a hotel that showed a complete disregard for the health and safety of their guests.

“The pathway that led to their apartment was in an awful mess, while the family were plunged into darkness due to a clear-and-obvious human error.

“The fact it is still in such bad condition clearly demonstrates that lessons have not been learned, which is most disappointing.

“We urge all holidaymakers to exercise caution along poorly lit and badly surfaced walkways and to seek immediate legal action from an accident abroad law firm if they find themselves in a similar situation.”

Evidence key to claim

Our client added: “This has been a long process, but Anne and Hudgells have been fantastic.

“They kept me informed the whole time and I really valued Anne’s support and advice.

“If anyone who suffers an accident on holiday that wasn’t their fault, I’d strongly advise them to make detailed accounts of exactly what happened – and also to gather as much evidence as you can before taking legal action.”

An On the Beach spokesman said: "The hotel accepted responsibility for the incident and its insurer settled the claim. We supported the process to ensure the claimant received compensation.”