Personal Injury Solicitors

A second British tourist is critically ill in a Spanish hospital, after falling from a fifth-floor balcony in the Ibiza holiday resort San Antonio.

The Mirror reports that the 32-year-old fell from the balcony of a small hotel in San Antonio at 9am on Wednesday (03/09/14), just hours after 25-year-old former Rugby League player Luke Rhoden from Wigan died from injuries sustained when he either jumped or fell from a first fall balcony at the hotel he was staying at in San Antonio.

It is reported the two incidents are unconnected.

Mr Rhoden is thought to have jumped or fallen after being seen behaving erratically at the Ibiza Rocks Hotel.

Mr Rhoden survived the fall but was involved in a scuffle with Spanish police officers from the Civil Guard, who had to restrain him as they tried to load him into an ambulance. Mr Rhoden died on his way to hospital, after paramedics had spent 40 minutes trying to revive him.

In the second incident, the 32-year-old man who fell from the fifth floor of his hotel balcony was taken to Hospital de Can Misses, having sustained multiple fractures, including a fractured thigh and pelvis. It is reported he is being treated in intensive care.

Balcony Falls at Holiday Hotels

There has been a spate of deaths and serious injuries among British tourists staying at tourist hotels in resorts like Ibiza and Magaluf in recent years.

It is thought some incidents may be fuelled by alcohol or recreational drugs – as well as a trend called “balconing” in which holidaymakers climb over balconies to access neighbouring rooms, or dive from balconies into the hotel swimming pool below.

Insurance companies have warned that they are unlikely to honour travel insurance policies if it is found a holidaymaker was drunk or under the influence of recreational drugs at the time they sustained injuries in a holiday accident, including balcony falls.

However, in some cases, falls from balconies have resulted from poor design or maintenance of balconies at tourist hotels.

Package tour operators have a legal duty to ensure hotels are inspected and comply with health and safety regulations – but overseas, the design of balconies may not comply with UK standards. There may not be a guard rail on the balcony, for example – or the height of the balcony wall may be lower than in the UK. Some balconies in hotels or apartments overseas may also be wide enough for holidaymakers to lie on – there has been at least one fatality involving a British holidaymaker who fell asleep on their balcony and fell to their death when they rolled over in their sleep.

Poor maintenance of balconies at hotels overseas can be another cause of balcony falls, however – broken guard rails, loose guard rails on balconies and broken or crumbling structures which give way if they are leaned on may all be a risk factor for balcony falls. Holidaymaker should report any concerns they have regarding maintenance or safety at their hotel to the hotel management, holiday representative or tour operator immediately.

Duncan Lewis Personal Injury Solicitors – Holiday Accident Claims

Duncan Lewis personal injury solicitors can advise holidaymakers who book package holidays on how to make a no win no fee claim for injuries sustained on a package holiday as a result of the negligence of another party.

Under the Package Travel Regulations 1992, holidaymakers have three years in which to make a claim for holiday accident compensation – children can claim compensation up to three years after the age of 18.

For expert legal advice on no win no fee Holiday Accident Claims, contact Duncan Lewis holiday accident solicitors on 020 7923 4020.