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Majorca / Mallorca Hotel Accident Claims Guide – How To Claim Compensation For A Personal Injury Claim Against a Hotel In Majorca/Mallorca?

Majorca hotel accident claims

Majorca hotel accident claims

British tourists have always had a soft spot for Majorca and hundreds of thousands still travel there each year.  Choosing the right hotel is an important part of the holiday with many offering all inclusive deals to keep tourists entertained throughout their stay.  That said, hotel accident claims in Mallorca are sometimes required when a guest becomes injured during their stay.

If you’ve been injured while staying in a hotel in Majorca, Legal Expert could help you to begin a claim. If you’re ready to start, please call us today on 0800 073 8804 and let one of our team guide you through the process.

If you want to know more, prior to beginning a claim, please read on.

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A Guide To Majorca/ Mallorca Hotel Accident Claims

Majorca is the largest of the Balearic Islands governed and owned by Spain.  It is a short flight from London, taking under two and a half hours to arrive in Palma de Mallorca airport.

There are a huge number of hotels in Majorca, some major chains and some smaller businesses too.  It doesn’t matter if you’re staying in a 2 star self-catering hotel or a 5 star all inclusive, if an accident happens and was caused by somebody else, you could claim compensation.

This guide is going to provide information about how to begin a hotel accident claim.  It will also show how much compensation you may receive, the types of accident that can occur, what to do in the event of an accident and how to use a no win no fee service.

We’ll also explain how you can determine if you have a valid claim or not.

If you’re unsure, at any point, whether your claim is likely to be eligible for compensation, please call to discuss with one of our personal injury specialists.

Eligibility To Make A Mallorca Hotel Accident Claim

Hotels, their staff and anybody they contract to work in the hotel have a duty of care to ensure that guests are safe while staying in the hotel.

This duty extends to preventing you from becoming injured or suffering an illness.   To be able to make a claim for compensation, you need to prove that:

  • The hotel owed you a duty of care; and
  • The owner or staff breached that duty of care; and finally
  • That the breach caused you to have an accident and become injured.

As we’ve already determined, the hotel owes all guests a duty of care, so that is the easy part of the claim.  The next part would be to prove that staff had been negligent in some way.  Then we need to prove that the negligence was what caused your accident.

We’ll explain throughout this guide how you can determine if the hotel was at fault.  If you’re unsure at all, please call us to discuss the specific details of your claim.

In many cases, such as package holiday claims, you need to ensure you report the accident to hotel staff and also to your holiday rep.   This will give them the opportunity to rectify the situation where possible and also mean the accident is logged.  This report can be used as supporting evidence in your claim.

Time Limits

Finally, after all of the above has been proven, you are only able to claim compensation if it is within the allowed time limits.

Different types of claim have different time limits which we’ve listed below:

Type of claimTime limit
General time limit for personal injury claims on holidays booked privately1 year (may vary so please contact us)
Package Holiday booked from a UK tour operator package holiday company.3 years may very
Flight accident claims.2 years for privately booked flights.

The best advice would be to ensure you contact us as soon as you return to the UK.  This will give us plenty of time to prepare your claim.  We’ll also be able to gather any supporting evidence that is required.

Who Is Liable For Your Accident And Injuries

As a guest in a hotel, you’d think that you’d make a claim against the hotel owner in the event of an accident.  In many cases this is true, but there may be alternatives.  Majorca hotel accident claims can also be made against your tour operator if you’ve booked as part of a package holiday.

Even though the operator didn’t cause the accident directly, they will have a contract with the hotel, so it’s possible to claim on that basis.

For the best advice on which way to claim, and who is liable, you should contact us and let us assess the best way forward.

Balcony Accidents And Injuries In Mallorca/ Majorca

Balconies provide magnificent views across Majorca and the Mediterranean.  Unfortunately though, there have been numerous fatalities reported across Spain where tourists have fallen from balconies.

Obviously, not every fall is fatal but, depending on the height of the fall, can cause serious injuries.

If the balcony rail or wall was too low, then you could make a claim.  The same is true if the balcony rail is damaged, rusty or coming away from the wall.  It is good advice to photograph any damage to support your claims.

Majorca Hotel Falls And Slips

A common accident in a Majorca hotel is a slip, trip or fall.  There are many reasons why people trip over, some of which can lead to a compensation claim.  If you were simply not paying attention or messing around before falling, then you wouldn’t be able to claim.

Scenarios that could lead to a claim include:

  • Broken hand rails on stairs.
  • Wet or slippery floors with no or inadequate warning signs.
  • Damaged flooring that caused you to trip.
  • Broken or damaged kerbs or paving slabs in the hotel garden or car park.
  • Excessive build ups of water around a hotel swimming pool.

If you believe any of these are relevant to your accident, please contact us for further advice.

Hotel Food Poisoning And Waterborne Illnesses In Mallorca

All hotels, whether big or small, have a duty to ensure customers don’t become ill when eating there.

Food poisoning is caused when food is prepared, stored, re-heated or cooked incorrectly.  There are a number of serious illnesses that can occur including E-Coli and norovirus.

If hygiene standards aren’t high enough, the food poisoning can spread when infected guests touch hand rails, taps or food in buffet areas.

You should seek medical advice as soon as possible following any symptoms of food poisoning.  These include sickness, diarrhoea, stomach cramps, high temperatures and nausea.

Allergic Reactions In A Hotel In Mallorca

If you suffer with allergic reactions, you no doubt spend a lot of time checking the ingredients in food, either in shops or restaurants.

According to the NHS, common allergies include:

  • Eggs
  • Milk
  • Fish
  • Shellfish
  • Peanuts
  • Tree nuts (walnuts, almonds and hazelnuts)

All of these should be clearly labelled to prevent a reaction.  In some severe cases, allergic reactions have led to fatalities.  This is where the body suffers from anaphylaxis, a severe reaction, will can lead to breathing problems.

Other reactions are not as serious but can still be claimed for.

As in the UK, hotels in Majorca, have a duty of care to ensure food is labelled correctly.  This includes highlighting any allergen within food or any risk that the food was prepared in the same area as an allergen.

If you’ve had an allergic reaction because the labelling or menu didn’t highlight an allergen, you could seek compensation against the hotel.  Please call us to discuss in more detail.

Can I Claim For An Assault, Theft Or Damage To My Property?

You may think that if you’re assaulted in a hotel or if an item is stolen from your room, then the assailant would be to blame, not the hotel.

While the actual criminal act will be down to the other person, the hotel could be liable if they could’ve done more to prevent the crime.

This includes if security staff weren’t present at the time of the crime.  It could also be if the bar staff allowed a guest to carry on drinking and they then assault you while intoxicated.

It can be quite a complex case to prove so it’s good to have a specialist, like Legal Expert, on your side to support your claim.

Injuries Caused By Bed Bug Bites

You may not have ever heard about bed bugs before.  You might not even know what to look for.  But if you’ve staid in a room where bed bugs are prevalent, you’ll know about it.

Signs of bedbugs include itchiness, red spots and blood or brown spots on your bedding.

The other problem with bed bugs, is that they can get into your clothes and luggage and travel back to the UK with you.  If this happens, you may be able to claim for the cost of cleaning your home.  This is because specialist cleaning is the only way to completely remove bed bugs.

Hotel Escalator And Stair Accidents

In large hotels, escalators and elevators are essential methods of moving around the hotel.  While they’re very helpful, they can cause injuries (fatally on rare occasions).

The types of accidents which may lead to a claim include:

  • When a lift stops suddenly, causing you to fall.
  • When a lift doesn’t stop level with the floor, causing you to trip when you exit.
  • If an escalator stops suddenly causing you to fall down the stairs.
  • Or if you’re trapped for any amount of time in a lift.

We can help with any of the above types of claim.   You should try to photograph any defect which you believe caused the accident, seek medical advice and ask witnesses for a statement of what they saw.

Injuries In A Hotel Spa, Swimming Pool Or Other Leisure Facilities

A popular part of any hotel complex in Majorca is the pool area.  It can be a relaxing time but can also lead to accidents which could’ve been avoided.

The same is true in other leisure areas of the hotel such as Jacuzzi’s, spas and gyms.

If you’ve been involved in an accident in or near any of these facilities, please let us know the full details and we’ll assess your claim with you.

Ways You Can Get Burnt Or Scalded At At Hotel In Mallorca

Burns or scalds can really ruin a holiday, however they occur.  In some cases, the hotel could be liable for the burn so you could seek compensation.   Examples include:

  • Hot drinks or food being spilled on to you. Even if this was an accident by staff, you could claim for your injuries.
  • If a shower’s thermostat is broken. Scalding water from a shower shouldn’t happen, but if the thermostat is broken, the hotel could be held liable.
  • Food or drink served too hot. You may be able to claim if you’re burnt or scalded because food or drink was served at too high a temperature. Call us to discuss your injuries for further advice.

You should seek medical treatment immediately after a burn or scald as, if not treated, the condition can worsen over time.

Injuries Caused By Broken Fittings And Fixtures

Hotel injury claims can be made if you’re injured by broken fixture, fittings or furniture.  For instance, if you sit in a chair and it collapses due to a damaged leg, and you are injured, the hotel could be liable.

Also, handrails that can’t support your weight or railings that aren’t fixed to walls properly, leading to a fall, could be claimed for.

Finally, electrical items within your room could cause injuries if they’re damaged or broken.  Items such as hairdryers, kettles or televisions can all lead to injuries if damaged.

If you are injured by any item in your room or elsewhere in the hotel, try to photograph the defect, gather witness details and report the accident to hotel staff.

What Can My Hotel Accident Compensation Claim Include?

A personal injury solicitor has several ‘Heads of Loss’ (or parts of a claim) that they can use to ensure the right amount of compensation is claimed.

Hotel accident claims in Mallorca can be made up of:

General Damages.  This is compensation awarded for the pain and suffering that you have suffered.  A range of compensation has already been agreed for different injury types.  It’s important that your solicitor proves the severity of your injury.  This will ensure you get the right level of compensation.

Medical Expenses.  Although you may have an EHIC card to cover some medical costs in Majorca, it may not cover them all.  If you incur any medical costs for treatment or medicines, you can claim these back.

Care Claim.  You may require somebody to come to Majorca to help you return to the UK.  You may also need professional care when you’re back home.  If any of these are relevant to you, you could claim the costs back.  It’s probably best to check with your personal injury lawyer prior to committing to any such fees.

Loss of Earnings.  If you have to delay your return to the UK, because you’re unfit to fly, you might lose some of your earnings.  Also, when you are back in the UK, you might need time off from work to recover or attend doctors’ appointments.  In either of these cases, you can seek to claim the losses back.

Damaged Personal Items.  If any item of personal property is damaged during your accident, you can claim the cost of repairing or replacing the item.  This could include torn clothing, damaged mobile phones or damaged jewellery.

Hotel Accident In Mallorca/ Majorca Personal Injury Claim Calculator

When starting a personal injury claim, many people look for compensation calculators.  We don’t offer these because, every injury in Majorca is completely different.

We prefer to assess your claim by talking to you, understanding what happened and fully understanding the impact the injuries have had on you.  From this, we can estimate how much compensation you could receive.

As mentioned above, there are many different parts to a claim that we can use including general damages.   The table below provides some compensation amounts for different injuries:

Type of InjurySeverityPayment RangeFurther Info
Hand injuryMinor to seriousUp to £54,280This range of compensation covers injuries including soft tissue damage through to more serious injuries that cause long term loss of use of the hand.
Wrist injuryMinor to severeUp to £52,480This range of compensation covers injuries including soft tissue damage and up to loss of use of the wrist for long periods
Arm injuryModerate to severeUp to £114,810The top end of this range includes injuries where permenant damage to the arm causes complete paralysis.
Thumb injuryMinor to severeUp to £48,020The top end of this range would include an injury where amputation of the thumb was necessary
Back injuryMinor to severeUp to £141,150This range of compensation covers injuries including brusing, strains and sprains and on to serious long-term injuries where movement is restricted
Neck injuryMinor to severeUp to £130,060This range of compensation covers injuries including soft tissue damage and on to injuries with permenant pain and limited or loss of movement.
Ankle injuryMinor to severeUp to £61,120The higher amount of compensation in this range will lead to permenant loss of use of the ankle.
Foot injuryMinor to very severeUp to £96,120The higher amount of compensation in this range will lead to loss of the entire foot through amputation
Leg injuryMinor to severeUp to £119,220The higher amount of compensation in this range will lead to some form of permenant disability.

Remember, this is only one part of the claim, so not the full compensation amount.  Also, this is a small sample of different injuries that can lead to hotel accident claims in Mallorca.  If yours isn’t listed, don’t worry, we can still help.  Please call one of our specialist advisors for more advice.

No Win No Fee Mallorca Hotel Accident Claims Guide

Many clients tell us that their biggest worry, when making a claim, is the high cost of legal services.  This is why we only operate on a no win no fee basis.

When you hire a solicitor, you have two choices:

  1. Pay a solicitor an hourly rate for their service. This will usually mean you have to pay some of the costs up front.  It can be expensive this way, but you do keep 100% of any compensation awarded.  However, if the case is lost, you still have to pay the legal bill.
  2. Use a no win no fee solicitor. You don’t have pay anything up front or any hourly rate.  If the solicitor loses, you don’t pay them at all for their service.  If they win, they take a percentage of your compensation to pay for their service.  This is known as a success fee.  It is limited to 25% of your compensation and they send the rest directly to you.

While you do have to give the solicitor part of your compensation when using no win no fee, you remove the risk of having to pay a large legal bill if the case is lost.

We only work on a no win no fee basis.  It means a claim with Legal Expert is risk free and stress free.

Contact Our Holiday Accident Claims Team

Hopefully, now that you’ve read this guide about making hotel accident claims in Mallorca, you’re happy to begin your claim with Legal Expert today.  If that’s the case, please contact us by:

    • Telephone: Call us today on 0800 073 8804 and discuss your claim with a specialist advisor.
    • Live Chat: Use our live chat feature, 7 days a week, to discuss your options with a fully trained member of the team.

When you contact our team, we’ll begin by offering a completely free initial consultation.  We will listen to the details of how your accident happened.  Then we’ll assess the liability in the accident.  Finally, we’ll work out the impact the injuries have had on you physically, mentally and financially.

Once that has been done, we’ll advise you on the chances of successfully claiming compensation.  If we believe you’ve got a good chance, we’ll offer you a no win no fee agreement.   Once you’re happy, we’ll begin your claim.

Helpful Guides

Now that you’ve read this guide in full, we hope you now know if you’ll begin a claim or not.  For further information we’ve added some more useful guides:

Do I Need A Spanish Lawyer – A guide which explains why you don’t need to use a Spanish lawyer to claim for an accident in Majorca.

Spanish Hotel Accidents – A similar guide to this one but more about Spain than just Majorca.

Swimming Pool Accidents in Spain – A more detailed guide about the types of accidents around swimming pools that you can claim for.

Bed Bugs – An NHS guide about bed bug symptoms and treatments.

Food Allergies – Another NHS guide, this time about food allergies and allergic reactions.

If you require any more information, please call and speak to our team.  We’ll happily offer free legal advice about your next steps.

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