A woman who fractured her back in two places while on a boat tour on holiday has received an undisclosed settlement of compensation from her tour operator, Thompson Holidays.
In June 2011, Carol Smith (53) was on holiday with her husband in Mexico after completing a session of radiotherapy treatments to help her beat cancer. The couple had pre-organised boat trip that allowed them to swim with whale sharks. As their boat headed out into the Cancun sea, the weather began to change dramatically, and a storm began to form.
As the waves grew more rough and turbulent, several passengers aboard the boat started to be sick, and the captain of the vessel was asked to cancel the expedition and head back to shore as the conditions were deemed unsafe. The requests were denied and an hour into the trip, the boat was struck by a freak wave which knocked Carol out of her seat. Carol landed awkwardly, and suffered an injury to her back.
While the boat attempted to return to shore, Carol tried to remain as still as possible, holding firmly on to the side of the boat as it made its way back. Their holiday had been ruined due to her injury. On returning to the UK, Carol had an x-ray to assess the damage on her back. It was revealed that it had been fractured in two different places. Carol was admitted to hospital for three weeks, and was forced to wear a special brace to support her back for a further two months after she was discharged.
Carol and her husband consulted their solicitors, and made a claim for compensation for a fractured back on holiday against the tour operator-Thomson Holidays. The couple claimed that the whale shark excursion offered by the company had been unsafe, and they were at a great risk by partaking in it.
After conducting their own investigation, Thompson Holidays admitted liability for Carol´s injuries and agreed to an undisclosed settlement of her claim for a fractured back on holiday.