‘Early documentation shapes outcomes’ – Travel Centres 2025 conference hears about litigation

Travel Centres 2025 conference in Lawlor’s Hotel, Naas

Eimear Gray presented a case study at the Travel Centres 2025 conference in Naas on a personal injury claim from a 2017 incident at a hotel in Spain. A customer from Ireland fell while on an escalator during a tour operator package. The plaintiff issued proceedings in 2018 against the tour operator, which joined the hotel as a third party.

Ms Gray acted for the hotel. Initial evidence included one photograph and two documents: an incident notice by a security guard and a guest log by a housekeeping manager. Both described the customer losing balance and falling to the left side into an empty fountain, with no mention of a jolt or being thrown over the handrail.

She told the Travel Centres 2025 conference in Naas that contemporaneous records proved crucial in defending the claim. In the case study involving an unnamed tour operator and hotel, the security guard reported the escalator functioned normally with no defects. The housekeeping log noted the wife’s update from hospital, stating the fall occurred on the last step to the left. Discovery requests sought CCTV, maintenance records, and safety inspections.

A witness emerged in 2020 who saw the plaintiff stagger at reception, descend the escalator without issue, walk around the fountain, and fall over the barrier 15 metres away, suggesting intoxication. An amended defence denied the escalator caused the fall and alleged negligence by the plaintiff. Engineers inspected the site in 2021, confirming compliance with regulations and no jolt evidence. Hospital records received days before trial omitted any jolt or throw description.

The case settled on the trial day in the High Court after the plaintiff withdrew. Costs incurred reached 50,000 euro, with potential damages at 200,000 euro plus further costs if lost. The hotel avoided indemnity payment to the tour operator. Key takeaways include the value of immediate, accurate incident reports, retaining all documentation, and pursuing third-party evidence. Hotels and tour operators must prepare robust records at the incident stage to counter exaggerated claims.

Gray emphasised that early documentation shapes case outcomes. She noted inconsistencies in plaintiff accounts versus hotel records led to withdrawal. The presentation highlighted risks of settling weak claims versus defending with evidence. The trial avoided potential exposure of €400,000 in damages and costs.