1
Contact or call us for free on 0800 342 3206
2
We'll talk through the details of your claim
3
Don't worry, we'll take care of everything
4
We'll work hard to secure you the compensation you deserve

Out of Court Settlement 23/04/2015

The claimant, a 53-year-old woman, received £1,250 for the soft tissue injuries to her neck and shoulder sustained when she was struck by an arrow whilst staying at a hotel in Ibiza in June 2011. Her injuries would have lasted six weeks without her pre-existing constitutional changes.

Claimant: Female: 49 years old at date of accident; 53 years old at date of settlement.

Other: On 5 June 2011, whilst on holiday in Ibiza, the Claimant (C) was walking to her hotel pool behind a wooden structure which was being used for archery practice when she was struck by an arrow.

C sustained injury and brought an action against D under the Package Travel, Package Holidays & Package Tour Regulations 1992 alleging that under the local prevailing standards the hotel was under a duty to protect consumers and touristic users and to take necessary care and diligence to prevent injury.

Liability disputed. D argued that an arrow could not pass through the wooden structure surrounding the archery range.

Injuries: C suffered soft tissue injuries to her neck and right shoulder.

Effects: C’s symptoms were complicated by pre-existing constitutional changes but the medical evidence concluded the effects of the accident would have lasted six weeks.

Out of Court Settlement: £1,250 total damages

Background to damages: the matter rested on the joint instruction of an engineer expert who provided a local standards report and the matter settled a week before trial.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,250.

Simmons v Castle [2012] EWCA Civ 1288, [2013] 1 W.L.R. 1239   10 per cent uplift: not applied

Body Part: Neck – Shoulder – Arm – Right Shoulder – Limb – Upper Limb

Condition: Soft tissue injuries

 

 

We use cookies to give you the best experience on our website. If you continue without changing your cookie settings, we assume that you consent to our use of cookies on this device. You can change your cookie settings at any time but if you do, you may lose some functionality on our website. More information can be found in our Cookie Info and Privacy Policy.