If you are a UK resident and have had an accident in Spain whilst on holiday at a hotel, shopping centre, a supermarket or restaurant then you may be able to bring the claim in the UK. It is a different procedure if you have booked a package holiday from the UK as you will then be able to bring the claim directly against the tour operator in the UK.
Falling on a wet and slippery patch on the floor of a restaurant is an example of a holiday accident. If the restaurant staff have not cleaned up a spilled drink in time and not correctly signposted the risk you may have a claim. If the restaurant has public liability insurance, then there is a direct right of acction for you to be able to bring the claim in the UK against the insurers UK representative. Although the claim will be dealt with in the UK, the applicable law to determine the value of the claim, liability and limitation periods (time limit to make a claim) would be Spanish Law.
As the limitation period will be in accordance with Spanish Law this is one year from the date of the accident (or in some circumstances, one year from stabilization of the injuries). This period can be extended annually until the claim is settled or until there is a court case. This can be done by serving a burofax (a legally recognised certified letter) on the defendant.
If it is not possible to bring the claim in the UK or in your particular case it is better to deal with the claim in Spain we can advise you. Each case varies and some, such as those against Town Halls for holes in pavements or poorly marked obstructions, can be difficult to win. We assess these claims on an individual basis and would happy to review your case if you have had an accident in a public area.
For any queries you may have in regards to a holiday accident or personal injury in Spain, please contact the Personal Injury department by email on [email protected] or by telephone 951 315 161.