Local Standards Report's role in a Personal Injury Claim

Many people enjoying a Christmas break abroad, particularly on the slopes, will have the misfortune to have an accident through no fault of their own whilst on holiday.  A victim of such an accident is perfectly entitled to look to their tour company, hotel or any other third party whose negligence they consider caused or contributed to the accident for compensation. The personal injury lawyers at Giambrone are extremely experienced in dealing with such a situation and will be able to guide you.

Our lawyers at Giambrone will help you set out a clear understanding of the accident and where the responsibility lies for your injuries. They will direct you as to the evidence required to build your case against the organisation or individual who should be held to account for your accident. Once is has been agreed where the responsibility for the accident should be placed.  The following information will be extremely useful to build the evidence for a claim, and you may have more than you think:

  • Photographic evidence of all aspects of the accident site; very often holiday photographs and videos can reveal evidence caught in the background of dangerous environments and lack of compliance with health and safety regulations.
  • Photographic evidence of your clothing and footwear, particularly in the case of falls, will fend off any suggestion that you were partly responsible by reason of unsuitable shoes or restrictive clothing or clothing that was unsuitable for the activity or environment.
  • Should you or a companion have thought to make notes about the accident in the immediate aftermath, such information will be extremely helpful.
  • If any witnesses were approached and made written statements, this too is invaluable evidence.
  • Statements from the medical or rescue team made at the time will help.
  • Details of a police report of the incident is also useful.
  • Also, if the British consulate or embassy was informed this will support your claim.
  • Details of the hotel/restaurant/bar/nightclub insurance and legal team will save time.

 

If your accident was caused an avoidable risk such as unsafe hand rails, faulty lifts, or dangerous balconies, you may require a Local Standards Report.   Accidents abroad, due to the building standards or lack of safety standards, are judged on the basis of the local standards of the country.  Safety and building standards vary quite widely from country to country and the country in which you had your accident may have considerably lower standards than your own home country; however, if those lower standards are normal in that country where the accident took place then there is no liability.  The exception to this rule is unless the standards are so poor (below the standards of that country) that no reasonable guest would choose to stay in the hotel and that the lower safety standard resulted in the accident. 

A Local Standards Report is a comprehensive document compiled by an expert which outlines the statutory, regulatory or customary standards for the country concerned and may be vital to your claim as it demonstrates that the accident would not have happened but for the failure to adhere to the required standards of the country.

 The Report has to be comprehensible and must consider the jurisdictions and legal ramifications in consideration of which jurisdiction the Report will be produced as evidence.

A Local Standards Report is crucial in supporting a personal injury claim and establishing accountability.  It should be commissioned at the earliest opportunity so that the evidence is still visible and any attempt to rectify any faulty workmanship, such as repairing a defective handrail, will not have had time to take place. 

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).

For more information about Local Standards Report please email clientservices@giambronelaw.com  or telephone 020 7183 9482