If you had an Accident Abroad you may need a Local Standards Report

If you had an accident whilst you were on holiday abroad that was not caused by your own actions but by a third party, their negligent actions or unsafe equipment or feature related to a building such as a staircase, balcony or lift, you may be entitled to pursue damages for your injury and ruined holiday.  The expert lawyers in the personal injury team at Giambrone & Partners will be able to advise and guide you.

The first step is to establish where the responsibility for the accident lies. In order to do this you will have to gather evidence to demonstrate why you believe an organisation or person should be held to account for your accident.  It is understandable that in the aftermath of an accident you or anyone with you may not necessarily think to immediately gather such evidence related to the accident.  However, the following information will be extremely useful to build the evidence for a claim:

• Photographic evidence of all aspects of the accident site.
• Photographic evidence of your clothing and footwear in the case of falls, this will fend off any suggestion that you were partly responsible by reason of unsuitable shoes
• Ask any witnesses if they are prepared to give evidence
• Make notes about the accident as soon as possible including all the circumstances such as alcohol consumption.  Ideally, ask any witnesses to countersign the notes.
• Where appropriate report the incident to the local police.
• Ask for the contact details of all potential witnesses, including medical staff, the police and any other emergency service personnel. 
• Where appropriate inform the British consulate or embassy.
• Ask the manager of the hotel/restaurant/bar/nightclub for details of their insurance and legal team.

If your accident was caused by faulty or unsafe equipment or handrail, faulty lifts, or dangerous balconies, you may require a Local Standards Report. This will set out the safety standards that are normal for the country in which you had the accident.  Safety standards vary from country to country and in some countries, the safety standards are considerably lower than those in the UK.  Accidents abroad due to a failure of safety standards are judged on the basis of the safety standards common to the country in where the accident took place.  If the safety standards are normal for that country then it will be deemed that there is no liability.  The exception to this rule is unless the standards are so poor (below the standards of the country you are in) that no reasonable guest would choose to stay in the hotel and that the lower safety standard was the cause of the accident. 

There are some rare situations where a Local Standards Report is not required, for example, when the circumstances of the accident “speak for themselves” (res ipsa loquitur).

A Local Standards Report is crucial in supporting a personal injury claim and should be commissioned at the earliest opportunity to avoid any attempt to rectify any faulty workmanship, such as repairing a defective handrail.  The personal injury lawyers at Giambrone & Partners are extremely experienced and will be able to steer you through the entire process.  A Local Standards Report must be compiled by a recognised expert who is able to outline the statutory, regulatory or customary standards for the country concerned.  The Report will have to be comprehensible and must consider the legal ramifications with regard to the jurisdiction where the Report will be produced as evidence.

There are some rare situations where a Local Standards Report is not required, for example, when the circumstances of the accident “speak for themselves” (res ipsa loquitur).

If you would like more information about a Local Standards Report please click here