subject: What To Do If You Have An Accident While On Vacation [print this page] Suffering an injury as a result of somebody else's negligence is never pleasant, but the legal system of England and Wales helps to ensure that compensation can be provided where such an injustice has occurred. A negligence claim brought in the UK requires that a duty of care existed between the defendant and claimant at the time of the accident, that this duty was breached by the defendant's acts or omissions and that this breach caused the harm. Although the legal rules affecting causation can sometimes limit the availability of compensation for claimants, the system is widely perceived as balanced, fair and just. Unfortunately, the same cannot be said of certain other legal systems in Europe.
Spanish compensation claims involving slips, trips or falls, for example, are considered to be much more difficult to pursue than they are in the UK. In most of Europe, even the most obvious defect does not necessarily give rise to a successful or viable claim. In many ways, the various laws throughout Europe act in a way that is contrary to the most fundamental principles of English law.
Usually the legal system places a heavy burden of proof on the claimant. The claimant must establish that the defect or act of negligence breached local regulations and standards, which is usually not all that difficult; however, the claimant is also required to prove that an incident actually occurred, which can be anything but straightforward and usually will require a formal report of the incident. Further, there onus to tell the truth at Court can be lower than in England.
As such, a tourist who suffers an injury after slipping, tripping or falling as a result of somebody else's negligence will find it difficult to pursue a claim for compensation. There are some steps that can be taken, however, in order to increase the chances of a claim. First, it is often standard practice for victims of slips, trips and falls to contact the police immediately after they have experienced an accident doing so helps to establish a credible form of evidence, as the police will (if requested) attend the scene and complete a report of the incident. This report can later be used in court to substantiate the claimant's assertion that the accident actually occurred. Good photographs of the accident location as soon are always advisable.
Another point worth noting is that some establishments open to the public are required to provide complaint forms. If an accident occurs in a public area, the victim can log an official report of the incident on the complaint form. Although the some courts are likely to accept a complaint form as evidence that the accident occurred, it is still advisable to request the attendance of the police. An injured tourist might also experience difficulties in obtaining independent eye witness statements a problem not likely to be shared by the defendant. In any case, it is clear that victims of accidents abroad require specialist legal advice in even the most straightforward of cases.
