Hotel Accident Claim In Germany – How much compensation can I claim for a personal injury?
If you have been involved in an accident which has led to an injury or have experienced food poisoning while staying at a hotel in Germany then you may be eligible to claim compensation. Whether you had an accident whilst on a package holiday or whilst travelling independently, you have a right to claim if your injury was caused by the negligent actions of the hotel or an individual working for the hotel. If this has happened to you then please contact us here at Legal Expert.
We have the experience and knowledge to help you make a successful claim and receive the compensation that you deserve. You can contact us on 0800 073 8804. Read on to find out more about the things that you may be able to claim for and what to do if you have suffered an illness or injury whilst staying at a hotel in Germany.
You may also wish to check out our more general guide to holiday claims in Germany.
Select A Section
- A guide to German hotel accident compensation claims
- In what circumstances can you make a hotel accident claim in Germany?
- Do I have a hotel accident or illness claim?
- Can I claim compensation for a slip or fall at a hotel in Germany
- Hotel restaurant food poisoning in Germany
- Hotel room bed bug claims
- Hotel lift, escalator, or stairs
- Unattended or damaged swimming pool claims
- Burns and similar injuries in a hotel
- Old, damaged, or broken furniture
- What should you do if hurt on your hotels grounds?
- What can I file a claim for after an accident at a hotel in Germany?
- Hotel accident claims in Germany claims calculator
- No win no fee compensation claims for an injury in Germany
- How our team helps people to make hotel accident claims?
- Hotel accident and injury claim time limits in Germany
- Start you German hotel accident claim today
- Helpful links
We like to think that a hotel stay is a treat. There is somebody else to make our bed, cook our meals and provide entertainment. Some hotels even offer swimming pools and gymnasiums to add to the enjoyable and relaxing experience. However, not everybody who stays at a hotel in Germany will have a positive experience. Occasionally, due to the negligence of the hotel management, an employee of the hotel or a third party contractor working for the hotel, things can go badly wrong. Hotel guests can experience slips, trips and falls, food poisoning and other bodily injuries that can be caused by poor maintenance or supervision. If this has been your experience then you may be eligible to make a holiday accident claim in Germany. This guide will explore some of the ways in which you may become injured or ill whilst staying in a hotel in Germany and will explain what you should do if this happens to you.
If you are staying in hotel accommodation abroad then that hotel has a duty of care to look after you as a guest. If you are harmed as a result of the negligent act of somebody who works for the hotel, a tour operator or a contractor working for the hotel then you may be eligible to make a holiday accident claim in Germany. You have a right to claim whether you are staying overnight in the hotel for either business or pleasure, are attending the hotel for a daytime event or are an employee of the hotel.
There are many common hotel incidents that you may be eligible to claim for. This hotel accident claims guide will go into more detail, but briefly the most common causes of accidents at the hotel include slips trips and falls, food poisoning and defective equipment or furniture.
If you were injured or fell ill because somebody else has been negligent then you may be able to claim for injury or illness in Germany. Examples of this include instances where a hotel has failed to properly maintain equipment or has failed to install safety measures such as non-slip flooring in places that can become slippery such as bathrooms or by the swimming pool. Hotels may fail to provide adequate lighting on dark walkways or sturdy handrails on stairways or other dangerous areas, all of which can lead to accidents.
You may be covered under The Occupiers Liability Act 1957 which offers legal protection for you as a visitor whilst you are on somebody else’s premises. This legislation confers the right for you as a visitor to claim damages against the occupier or owner of that property. When you are on holiday, your hotel has a duty of care to safeguard your well-being. If they fail to do so, you can claim holiday accident compensation.
If you have slipped, tripped or fallen at a hotel in Germany resulting in personal injury and you can prove that this slip, trip or fall was caused by somebody else’s negligence then you may be able to make a holiday accident claim in Germany. Negligence in this case could include slippery surfaces caused by spilled liquid which has not been cleaned up, or recently washed, wet floors. It may also include obstructions in public areas or poorly maintained flooring which has caused a tripping hazard, such as uneven ground, potholes or loose carpet.
It is not uncommon to suffer from food poisoning in a hotel if basic hygiene standards are not being met. Millions of pounds are paid every year in compensation to British holiday makers who have suffered food poisoning in hotels. Failing to heat food through properly, storing food inappropriately or using food that has exceeded its use-by date can all result in illness. Food poisoning cases can range from mild discomfort right through to severe gastrointestinal illness which may even require hospital admission. Symptoms include vomiting, diarrhoea, stomach pain, fever and dehydration and can even cause more serious health conditions to develop. If you have been the victim of food poisoning whilst on holiday in Germany then you may be able to claim holiday sickness compensation. Be aware however that it can be tricky to prove the cause of the food poisoning so contacting a personal injury solicitor is the best way to strengthen your case.
Unfortunately bed bugs are not uncommon in hotels. The risk of finding bed bugs is on the increase in Western Europe. Bed bugs survive by feeding on the blood of humans. These bites become itchy and irritating and can cause the skin to have an uncomfortable allergic reaction. Even worse, bed bugs can get into your clothes and belongings and you may even take them home with you, infecting your own bed. Bed bugs are a nuisance to get rid of and require bedding and clothes to be washed at a very high temperature and disinfection of the affected area. If you have been affected by bed bugs then contact a holiday accident compensation claims solicitor to find out if you are eligible to claim damages.
Whilst uncommon, accidents and injury can occur in hotel lifts, escalators and stairwells. On the whole lifts and escalators are safe but if they are not maintained properly, accidents can happen. Problems with electrical or safety systems have the potential to cause serious injury. If a lift doesn’t stop in exactly the right place, the step up or down can cause a tripping hazard or may even trap the users inside. The worst possible scenario is that a lift falls down the lift shaft causing serious injury or even fatalities. If an escalator is not fitted with the appropriate emergency stop button or automatic sensor and an individual’s clothes or limbs become trapped then that person could be pulled into the escalator resulting in serious injury. Slippery escalator steps can also cause falls which may be serious if it is a long way down. Another problem that lift or escalator users may experience is a sudden stop which can jolt users and cause injury.
There are a number of things that can give rise to a swimming pool claim. If your hotel has not provided a lifeguard and an accident occurs whilst the pool is unsupervised, they may be considered negligent. The Royal Society for the Prevention of Accidents (ROSPA) states that children are most at risk when it comes to accidents in swimming pools. Without adequate supervision, a swimming pool can become a very dangerous place for young people. Another common reason for claims with regard to swimming pools is poor water quality. If your hotel has not taken adequate precautions to rid the pool of pathogenic bacteria and parasites, resulting in illness then you can claim against them. Equally, if too many chemicals have been used to try and clean the pool then this can cause eye and skin irritations due to the fact that the pool water has become poisoned by chlorine or other disinfectants. The hotel also has a duty to remove all of the hazards from the swimming pool area. This can include the provision of a non-slip surface in hazardous areas and the removal of any sharp objects which could result in laceration.
If you have been injured by a burn whilst on holiday in Germany then you may be able to make a personal injury claim if the burn was the fault of somebody else. Burn injuries most commonly occur where hot food or drink have been spilt onto a hotel guest. Burns may also be caused by food or drink that has been heated above the expected temperature and scolded the consumer. You may also have experienced a skin burn if the water in your hotel room is much hotter than expected and you have burnt yourself under the shower or on the taps. In order to claim you must be able to prove that this is the fault of the hotel and that the water was too hot, perhaps due to a fault or an inappropriately set thermostat. Faulty electrical items such as irons can also cause burns.
Over time, furniture in hotels becomes worn and sometimes damaged. Furniture that has become weak may collapse when you use it. A collapsed chair or bed can result in serious injury of the hotel guest. You may have experienced a sprain or even a fracture as a result of old, damaged or broken furniture.
If you have had an accident abroad and wish to make a holiday accident claim in Germany then there are a few steps that you should follow which will enable you to build your case and secure the maximum possible compensation.
- See a medical professional. As well as ensuring you get the treatment that you need to recover, seeing a doctor enables you to collate a written record of your injuries from a trusted healthcare professional. This can be used as evidence at a later date.
- Take photographs of your injuries to show the true extent of the severity.
- As soon as possible after the incident take photographs of the area where you were injured to show the cause. For example, if your injury was caused by defective furniture then take a picture of the broken pieces to show what happened.
- Write down the details of exactly what happened, what time it happened and as many of the small things that you can remember whilst it is fresh in your mind.
- If anybody was witness to your accident then try to get statements from them or take their details so that your personal injury lawyer can contact them at a later date.
- Contact your travel insurance provider and give them as many details as you can remember.
- As soon as possible after the accident on hotel premises you should contact the duty manager and explain what has happened. The hotel policy will require a manager to be informed and for the details to be logged. Ensure that this is done and that you have a copy for your records.
- It may help your case at a later date if you can gather the details of the hotel’s insurance company as it will be the insurance company that you are claiming against rather than the hotel itself.
Once you have gathered all the information and you feel well enough to do so, you should contact a personal injury lawyer who can advise you on the next steps and will help you to file your claim. Here at Legal Expert our team of trusted advisors will be able to offer you all the information and support you need to achieve the maximum compensation for your case.
Your holiday accident claim in Germany can cover a number of different things. You may be able to receive compensation for some or all of the following
- Pain and suffering. Your payout will usually include a lump sum to compensate you for the pain and suffering you have experienced as a result of your injury or accident. The exact amount of this payout will depend on the individual circumstances of your case. Ourl compensation calculator will enable you to get a rough idea of what you may be entitled to.
- Medical expenses. If you have been left out of pocket by any medical expenses, for example visiting a GP, hospital or other therapists then as long as you have kept your receipts you should be able to claim back these costs if the hotel is found to be liable for your injury.
- Travel expenses. You will be compensated for any out of pocket travel expenses, for example travel to medical appointments in order to receive treatment.
- Loss of earnings. If your injuries have resulted in a loss of earnings then you can make this part of your compensation claim. You may even be able to claim for loss of future earnings if your injuries mean that you are unable to return to work for some time or even have to give up your job.
- Care costs. If your injury or illness is so severe that you have been unable to carry out day-to-day tasks and have required help around your home then you may be able to claim care costs on behalf of the person that has been providing care to you.
The exact amount of compensation is dependent on your specific circumstances and the details of your injury. This is something that your personal injury solicitor will be able to advise you on.
Although a compensation calculator can be useful to give you a rough idea of how much compensation you may be able to expect, this is no real alternative to the advice of a personal injury solicitor who will be able to look at the specific details of your case and give you a much more accurate idea of the kind of damages you may be able to claim for.
|Serious neck injury||Injuries resulting in paraplegia or spastic quadriparesis. The victim will severely limited movement and will experience ongoing pain.||Up to £130, 060|
|Moderate neck injuries||For example, dislocations and fractures leading to chronic conditions that can result in impaired bodily function.||£21,910 to £33,750|
|Moderate neck injury||Damage to soft tissue and severe limitation of mobility as well as ongoing pain.||£12,050 to £21,910|
|Moderate neck injury||Moderate to severe soft tissue injuries that have exacerbated an existing condition.||£6,920 to £12,050|
|Minor neck injury||Soft tissue injuries with recovery expected within a year or two.||£3,810 to £6,920|
|Severe back injury||Spinal cord and nerve damage causing the possibility of paralysis and reduced bladder and bowel function||£79,890 to £141,150|
|Severe arm injuries||The victim loses the use of their arm.||£84,310 to £114,810|
|Moderate arm injury||Victim loses a degree of movement in their arm but partial recovery expected.||£16,830 to £34,340|
|Moderate or minor elbow injury||Fractures and cuts which do not result in any permanent damage or impairment of function.||Up to £11,040|
|Serious leg injury||Long-term disability caused by injuries including fractures.||£34,370 to £48,080|
|Less severe leg injury||Long term chronic pain caused by the injury.||£15,750 to £24,340|
|Severe illness from a non traumatic injury||Gastrointestinal illness including severe toxicosis with symptoms including vomiting, diarrhoea and fever requiring hospital admission.||£33,700 to £46,040|
|Moderate non-traumatic illness||A serious but short episode of food poisoning.||£3,460 to £8,360|
Legal Expert always offer a no win, no fee service. Unless you successfully win your case, you will not be liable to pay any fees to the lawyers we provide. Also known as a conditional fee agreement, the no win no fee policy means that you are not required to pay any money upfront and if you successfully receive compensation, the fee will be taken directly from your payout. We believe that this makes the whole process easier and more straightforward for our clients. It also removes any financial burden which may discourage clients from claiming in the first place.
Legal Expert are a premier claims management service. We have a team of advisors and provide a panel of solicitors who are fully qualified to help you bring your claim to its conclusion. We have many years experience in all areas of personal injury claims and are fully equipped to get you the maximum compensation you deserve. We do everything we can to make the claiming process as straightforward as possible for our clients. Our free phone line is open from 9 o’clock in the morning until 9 o’clock in the evening and we are always happy to answer any questions or concerns you may have. Our main goal is for our clients to take home the maximum compensation they can whilst removing as much stress and burden from them as possible. We understand and empathise with the fact that you have been the victim of a traumatic incident and we aim to simplify the claims process as much as possible.
If you have been hurt in an accident, or have otherwise been harmed whilst staying at a hotel in Germany, you need to make sure that you start your hotel accident compensation claim within the appropriate time limits. Personal injury claim time limits in Germany do vary from those in the UK. If you booked your hotel through a package company based in the UK, your claim will be covered by UK legislation. Time limits outside the UK can vary and you should check with our team for current up to date information.
|Circumstances of how you were hurt or became sick||Time in which to claim|
|Claims for harm resulting from an accident which occured whilst travelling. This may be on a fery, bus, train, or a flight. Travel must have been booked as part of your package deal.||3 years|
|Harm such as sickness or injury which took place on a holiday not booked through a travel agent/ or as part of a package deal.||Up to 30 years - time limits do vary.|
|Harm suffered on flights not booked through a travel agent, i.e. booked directly with an airline.||2 years.|
If you have a claim to make please contact Legal Expert today. Our friendly and helpful team will be able to put you in touch with a personal injury solicitor who will help you achieve the maximum possible compensation for your injury or illness. Call us today on 0800 073 8804. Our lines are open between 9 a.m. and 9 p.m or you are welcome to contact us using our online form and we will get back to you at a time that is convenient for you.
Germany holiday claims – How to go about claiming – Our guide about general claims in Germany can be found here.
Accidents Abroad – What to do – When it comes to having an accident overseas, you’ll find some good information here.
Wet floor claims – These are more common than you would think. Find out more here.
All about healthcare in Germany – The NHS Germany healthcare guide is here.
Water safety advice -ROSPA provide advice on safety in the water.