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  EWCA Civ 1288,  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