x
Our website uses cookies. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy.
Accidents During Holidays in Spain: Legal Guide to Claiming Compensation for Injuries, Food Poisoning, Falls and Road Traffic Accidents
Spain welcomes millions of international tourists every year. Although the vast majority of holidays take place without incident, accidents resulting in injuries, medical expenses or financial losses are not uncommon.
Food poisoning in hotels, falls in tourist establishments and road traffic accidents are among the most frequent cases. When such incidents occur as a result of the negligence of a third party, Spanish law recognises the victim’s right to claim compensation for the damages suffered.
The Civil Litigation team at Giambrone & Partners advises international tourists, businesses operating in the tourism sector and insurance companies in civil liability proceedings and damages claims in Spain, both through out-of-court negotiations and judicial proceedings.
Civil Liability for Accidents in Spain
The Spanish civil liability system aims to ensure full compensation for the damage suffered by a victim when such damage has been caused by the negligent actions of another person or entity.
Generally, for a claim to succeed, the following requirements must be met:
- the existence of actual and provable damage;
- negligent conduct or a breach of the duty of care;
- a causal link between the conduct and the damage;
- the absence of any legal grounds excluding liability.
These rules apply both to Spanish citizens and foreign tourists. Therefore, any person who suffers an accident during their holiday in Spain may exercise their right to claim compensation provided that the legal requirements are satisfied.
Most Common Accidents During Holidays in Spain
Food Poisoning in Hotels and Restaurants
Food poisoning is one of the most common types of claims within the tourism sector.
A hotel or restaurant may be held liable when the food poisoning results, among other causes, from:
- improper handling of food;
- inadequate storage of products;
- failure to comply with health and hygiene regulations;
- lack of appropriate food safety controls.
The claim must be supported by medical evidence and, whenever possible, by additional evidence such as medical reports, clinical tests or proof that other guests were affected.
Falls in Hotels and Tourist Resorts
Falls are another frequent cause of injuries during holidays.
They may occur, for example, due to:
- wet floors without appropriate warning signs;
- damaged staircases;
- uneven surfaces;
- insufficient lighting;
- inadequate maintenance of swimming pools or communal areas.
Not every fall automatically gives rise to a right to compensation. It will be necessary to prove that the establishment failed to comply with its obligation to maintain reasonable safety conditions for its customers.
Road Traffic Accidents Involving Tourists
Many visitors hire vehicles or use taxis, buses or bicycles during their stay in Spain.
When a tourist is injured in a road traffic accident, they will normally be able to bring a claim against the insurer of the responsible vehicle.
The process generally involves:
- investigating the circumstances of the accident;
- obtaining a medical assessment of the injuries;
- calculating compensation in accordance with the Spanish legal system;
- negotiating with the insurance company and, where necessary, bringing legal proceedings.
How to Claim Compensation
Most claims begin with an out-of-court claim submitted to the insurer or the party responsible for the accident.
Out-of-Court Claim
This stage generally involves:
- gathering medical documentation;
- obtaining evidence relating to the accident;
- submitting the claim;
- assessing the damages suffered;
- negotiating the compensation amount.
In a significant number of cases, it is possible to reach an agreement without the need to commence court proceedings.
Legal Fees and Costs
One of the main concerns for international tourists is the cost of obtaining legal assistance.
When an out-of-court claim concludes with a compensation agreement, the agreed amount generally includes full compensation for the damages claimed, including the expenses necessary to obtain such compensation. In practice, this means that the compensation obtained may also cover the cost of the legal assistance provided during the out-of-court stage.
It is also highly recommended that British citizens, as well as other international tourists, check whether they have an insurance policy providing Legal Expenses Insurance (LEI) or legal expenses cover.
This type of cover is very common in the United Kingdom and is often included within home, motor or travel insurance policies. In many cases, it allows the insurer to cover all or part of the solicitor’s fees and other expenses arising from the claim.
Court Proceedings
If it is not possible to reach a satisfactory agreement, the claim may be brought before the Spanish courts through the relevant judicial proceedings.
The process generally includes:
- filing the claim;
- the defendant’s response;
- the submission of documentary, witness and expert evidence;
- the court hearing, where required;
- the judgment.
Who Pays the Legal Costs of the Proceedings?
Under Spanish civil procedural law, the general rule is the principle of objective costs, commonly known as the principle of “the loser pays”.
This means that, when the victim obtains a favourable judgment, the court may order the responsible party —for example, a hotel, restaurant, tourist resort, transport company or its insurer— to pay the legal costs of the proceedings.
Consequently, in addition to compensation for the injuries and other damages suffered, the losing party may also be required to pay the legal fees of the solicitor, court representative (procurador) and other procedural expenses incurred by the successful party, in accordance with the provisions of the Spanish Civil Procedure Act.
Liability of Hotels and Tourism Businesses
Hotels, restaurants and other tourism operators have a legal duty to adopt all reasonable measures to ensure the safety of their customers.
Among other obligations, they must ensure:
- the proper maintenance of their facilities;
- compliance with health and safety regulations;
- adequate cleaning of communal areas;
- proper supervision of the services provided, including where these are carried out by subcontracted companies.
Failure to comply with these obligations may result in civil liability and an obligation to compensate for the damages caused.
What to Do After an Accident
After suffering an accident during a holiday, it is advisable to:
- seek medical assistance as soon as possible;
- immediately report what happened to the hotel, restaurant or responsible company;
- take photographs of the accident location;
- keep invoices, bookings and all documentation relating to the trip;
- obtain the contact details of any potential witnesses;
- notify the insurer of the incident, if insurance cover exists;
- consult a specialist lawyer before accepting any compensation offer.
Frequently Asked Questions
Can a foreign tourist claim compensation in Spain?
Yes. Spanish law recognises the right of any person injured in Spanish territory to claim compensation when the damage has been caused by the negligent actions of a third party.
Is it necessary to go to court?
No. Many claims are resolved through negotiations with the insurer or the party responsible for the accident, avoiding the need for court proceedings.
What damages can be claimed?
Depending on the circumstances of the case, it may be possible to claim compensation for personal injuries, medical expenses, loss of income, material damages and other losses that are compensable under Spanish law.
Should I check whether I have insurance covering legal expenses?
Yes. It is advisable to review travel, motor or home insurance policies to check whether they include Legal Expenses Insurance (LEI) or legal expenses cover, as this type of cover may assume a significant part of the costs associated with pursuing a claim.
Who pays the costs if the matter goes to court?
Generally, where a claim is successful, the court may order the losing party to pay the legal costs of the proceedings, including the fees of the solicitor and court representative (procurador) of the successful party, in accordance with Spanish legislation.
Is there a time limit for making a claim?
Yes. Limitation periods depend on the type of accident and the specific circumstances of each case. Therefore, it is advisable to seek legal advice as soon as possible to avoid losing the right to bring a claim.
Every accident involves specific circumstances that require an individual legal assessment. Obtaining appropriate compensation depends on a correct evaluation of the damages, the preservation of evidence and a well-planned legal strategy from the outset.
The Civil Litigation team at Giambrone & Partners provides advice to both national and international clients regarding claims arising from accidents suffered during holidays in Spain, acting in both out-of-court negotiations and proceedings before the Spanish courts.