JMW’s holiday accident solicitors secured £40,000 in compensation for a holidaymaker who developed asthma after she was exposed to chlorine gas at a hotel in Portugal. We obtained expert evidence on Portuguese safety standards and pursued the claim after the tour operator denied liability.

The Case

Our client, FK, was using the pool facilities at her hotel when she was overwhelmed by a cloud of gas. The exposure caused immediate breathing difficulties and coughing. Another holidaymaker and a member of hotel staff were also affected.

Other holidaymakers and hotel employees helped FK while the emergency services were called. An ambulance crew provided treatment before she was taken to hospital.

After returning to England, FK required further hospital care. Doctors diagnosed her with asthma caused by the chemical exposure. She also experienced psychological symptoms following the incident.

How Did JMW Help?

JMW submitted a letter of claim to the tour operator that had arranged the holiday. We pursued compensation under the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations allow people in England and Wales to pursue certain claims against tour operators when an accident occurs during a package holiday abroad.

The tour operator denied liability. It argued that there had been no breach of the safety standards that applied locally. This was despite its own accident report confirming that there had been a leak involving a cloud of noxious gas.

JMW issued court proceedings at an early stage. We instructed an expert in Portugal to explain the local standards governing the handling and management of chemicals.

We also obtained medical evidence addressing FK’s asthma and the physical and psychological effects of the exposure. This evidence allowed us to demonstrate the impact the incident had on her health.

The Outcome

JMW secured £40,000 in compensation for FK. The compensation reflected the physical and psychological impact of the chlorine gas exposure.

By obtaining evidence on the relevant Portuguese safety standards and pursuing the case despite the denial of liability, we achieved an outcome that recognised the effect of the incident on FK.