HM Insights

Compensation for Holidaymaker struck down by Infectious Disease in Cuba

A Scottish holidaymaker has successfully recovered damages from a well known British tour operator after her holiday to Cuba was ruined by an infectious disease.

Laura McCallum, a specialist foreign injury lawyer, at Harper Macleod, was instructed by the client to seek damages for the reimbursement of the cost of her holiday along with damages for pain and suffering.

Holiday Accident Claim

The client was staying in the Iberostar Tainos, in Cuba, and within a week began to experience severe gastroenteritis which led her to be bed-bound for the remainder of her holiday. The client was unable to seek medical treatment, locally, as she could not afford the expensive medical costs in Cuba.

The client continued to experience severe pain and discomfort and immediately attended her local hospital, upon return to Scotland. Following investigations, she was diagnosed with cholera and admitted to an intensive care ward for 10 days for treatment and management.

The Personal Injury Team at Harper Macleod intimated a claim under Regulation 15 of the Package Travel, Package Holidays and Package Tours Regulations 1992.  We were able to establish that hygiene and water filtering processes within the hotel were inadequate and caused the client’s illness.

The tour operator admitted liability for the client’s illness and negotiations began to agree a reasonable settlement.

The client’s case settled for an undisclosed four-figure sum.

Laura McCallum, at Harper Macleod, said: "This was a special and very expensive holiday for the client. It was booked as a treat and a 'once-in-a-lifetime trip'. The holiday was ruined by illness early on, forcing the client to remain indoors. I am delighted to have secured a settlement that not only compensates my client for the pain and suffering that she endured but will also allow her to book another such trip for her and her family.”