The Importance of Evidence of Local Standards When Bringing a Holiday Claim - Joe Smith, Bartletts Solicitors
16/12/14. A recent Court of Appeal case has emphasised the importance of adducing evidence of local standards when bringing a slipping claim under the Package Travel, Package Holiday and Package Tours Regulations 1992 (the 1992 Regulations).
In Lougheed v On the Beach Ltd an appeal was allowed against judgment for the claimant under the Regulations on the basis that it was the claimant's evidential burden to prove his case which included showing what were the local standards. What's more, the hotel manager's evidence was insufficient in itself to prove that part of the case.
The background to the case was that the claimant went on a package holiday organised by the defendant. She stayed at a hotel in Spain. On 16 August 2009 she slipped and fell on some polished granite steps which had non-slip grooves cut into them. It was found at first instance that she slipped on some water.
The claim was based upon Regulation 15(1) of the 1992 Regulations which provides (among other things) that: “The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services...”
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