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What to Do if You Have a Holiday Accident Abroad

Published: 30 Jul, 2025
Author: Ritika

If you’ve been injured while on holiday abroad, you may still have legal rights even after returning home. Whether it’s a road traffic accident, a slip at a resort, or an activity-related injury, our experienced solicitors can help you understand your options under Irish law and the Package Holidays and Travel Trade Act 1995

What to Do if You Have a Holiday Accident Abroad. Holidays are a welcome escape — a time to relax, explore, and make meaningful memories with those closest to us. Unfortunately, accidents can and do happen, even in the most idyllic settings. A slip by the pool, a road traffic collision, or an injury during a guided excursion can quickly turn a dream holiday into a challenging experience. If you’ve experienced an accident abroad, it’s natural to feel unsure about what to do next — especially when you are far from home. Knowing how to respond and where you stand legally can help you regain control and protect your well-being. This blog post considers the most common types of holiday accidents, what steps to take if you’re injured, and how legal advice can offer clarity.

What Types of Accidents Can Happen While on Holiday?

Being in a new environment naturally brings unfamiliar routines, surroundings, and activities. While most holidays go off without a hitch, some of the most common accidents that happen on holiday include:

  • Road Traffic Accidents: Driving in a foreign country—especially one with different traffic laws or driving styles—can increase the risk of accidents. Whether you’re behind the wheel or a passenger, road conditions and signage may be unfamiliar.
  • Slips, Trips, and Falls: Hotel and resort areas, particularly around pools or on tiled walkways, can become hazardous if not maintained properly. Uneven flooring, wet surfaces, or poor lighting are common culprits.
  • Water Sports and Activity Injuries: Activities like jet skiing, scuba diving or zip-lining can be thrilling, but accidents may occur if equipment isn’t maintained or safety protocols are not followed.
  • Faulty Equipment or Facilities: Hotel gyms, playgrounds, or recreational equipment may not always be adequately maintained, resulting in accidents or an injury. Ensuring that any equipment you use is in good condition is essential.
  • Food Poisoning and Illness: Differences in food hygiene standards can lead to illness abroad. These situations are unpleasant and can lead to lost holiday time and potential long-term health effects

These types of accidents can lead to injuries that require medical attention, interrupt your holiday plans, and bring unexpected expenses. A 2016 Allianz Global Assistance Ireland study highlighted that medical reimbursements—such as hospital stays, medication, and doctor visits—accounted for 14% of travel insurance claims. It’s a timely reminder that while accidents abroad are unfortunate, they are not uncommon—and they can have a lasting effect on both your holiday and your health.

What Should You Do If You Have an Accident While Abroad?

If you or someone you are travelling with is involved in an accident while on holiday, taking the following steps can be critical to help safeguard your health and ensure you have the right information should you need it later:

  • Prioritise Your Health: Seek medical attention straight away, even if the injury seems minor. Some symptoms develop later, and it’s always best to err on the side of caution.
  • Report the Incident: Notify hotel management, tour operators, or local authorities as appropriate. A formal record of the event will help preserve your rights.
  • Document Everything: Take photos of the scene, your injuries, and anything that may have contributed to the accident. If there are witnesses, ask for their contact details.
  • Keep Receipts and Medical Records: Hold onto any paperwork related to medical care, transport, or other costs linked to the accident. These documents can support your case should you need to make a claim.
  • Contact Your Travel Agent: If you booked through a travel agent or package holiday provider, keep them informed. They can help with practical arrangements.

What Are My Rights If I Am Injured in an Accident While on Holiday?

If an accident abroad was the result of negligence—whether by a hotel, activity provider, or another party—you still have rights, even after you return home to Ireland. Many people assume that once they have left the country where the incident happened, nothing more can be done, but that’s not the case. A solicitor with experience in holiday accidents abroad can explain how the laws of the country where the accident happened apply to your particular circumstances, and what practical supports are available to you. Every country has its own systems and timelines, so getting advice early on can help you avoid unnecessary complications and ensure that important deadlines are not missed. An experienced solicitor can liaise with insurance providers, travel companies and other parties that are involved, allowing you to focus on what matters most—your health, your recovery, and getting back on track.

What Does the Law Say About Holiday Accidents?

When an accident happens abroad, one of the first questions people ask is, “Who’s responsible?” The answer isn’t always straightforward—especially when your holiday involves multiple providers or overseas locations. That’s where the Package Holidays and Travel Trade Act 1995 comes in.
This Act plays a key role in helping Irish holidaymakers seek compensation when something goes wrong on a package holiday. It offers an important layer of legal protection if you are injured due to someone else’s negligence during a trip booked in Ireland. For the Act to apply, the organiser (such as a tour operator or travel agent) must be based in Ireland or use an Irish-based agent or retailer.

But what exactly counts as a package holiday? Under the law, any pre-arranged combination of at least two elements—like flights and accommodation—that lasts more than 24 hours or includes an overnight stay. If your holiday ticks these boxes, and you were injured due to the fault of a third party (such as a hotel staff member or excursion operator), you may be able to hold the organiser legally responsible.

Section 20 of the Act is especially helpful. It allows you to make a claim directly against the organiser—even if the accident happened at a hotel run by a completely separate company. This is known as vicarious liability, and it bypasses the usual legal rule that only parties to a contract can sue under it.

In simple terms, even if you didn’t personally sign a contract with the hotel where the accident happened, you may still have a case.
However, the Act doesn’t apply to every type of holiday. With more people booking trips online and tailoring their own arrangements, many modern holidays don’t qualify as packages under the law. In those situations, other legal routes might be necessary—and that’s where expert legal advice can be invaluable.

Gibson & Associates LLP Can Support You After a Holiday Accident Abroad

At Gibson & Associates LLP, we know a holiday accident abroad can be traumatic. It’s not just the physical injury — it’s the disruption to your plans, the emotional strain of being far from home, and the uncertainty that follows. Having someone who understands what you are going through can make all the difference. That’s why we take a compassionate and thorough approach with every client, taking the time to understand what happened, explain your options clearly and guide you through each step with care. If you or a loved one has been affected by a holiday accident abroad, please don’t hesitate to get in touch with us on 01 264 5555 or book an appointment online with a member of our team today.

Author

  • Ritika Tiwari is a Digital Marketing Executive based in Dublin with over four years of experience in digital marketing, branding, and social media strategy. She began exploring the marketing industry at the age of 17 and has since developed expertise in content creation, social media campaigns, lead generation, and digital storytelling.

Personal Injury FAQ's

What is a Personal Injury Claim?

When someone is injured as a result of someone else’s negligence, the injured person might be entitled to make a personal injury claim against the person or organisation who caused the injury, to recover financial compensation for the negative or personal impact of the injury.

Personal injuries can be physical injuries, mental injuries, and property damage. For expert legal advice talk to our personal injury solicitors today.

How can I make a Personal Injury Claim

We understand making a personal injury claim can be daunting and that’s why our specialist solicitors are here to guide you through each step of the process. There are a number of components to a claim for personal injury:

  • You must complete all the details in Application Form (Form A) (pdf)
  • A Medical Assessment Form (Form B) (pdf) must be completed by your treating doctor.
  • You will need to make a payment using the payment details provided.

Your application can be submitted online or by post. Speak to our personal injury solicitors for advice that is specific to your situation.

How long does a a Personal Injury Claim take in Ireland?

Before you can file a personal injury claim, you must submit your case to the PIAB (the Personal Injuries Assessment Board). The respondent (the party responsible for the injury) has 90 days to agree to the process, and then the Board will assess your claim.

Currently, it takes seven months for PIAB to assess cases and make a recommendation for compensation. At most, the process will take nine months. For expert legal advice talk to our personal injury solicitors today.

What is the role of 'PIAB'?

The PIAB (Personal Injury Assessment Board) is an independent body that provides an assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents.

You can read more about Making a Claim and Responding to a Claim on PIAB’s website.

What is the Statute of Limitations?

If you have suffered an injury, it is important to know you have a limited time to make a claim. These time limits are referred to as the Statute of Limitations and set out in the Statute of Limitations Act 1957. In most instances, you need to make your claim within two years of the incident.

What does 'No Win, No Fee' mean?

The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.

What type of Personal Injuries can I claim for?

The most common types of personal injury cases are vehicle accidents, medical malpractice, slip and fall cases, work place accidents, dog bites, product liabilities, and nursing home malpractice/abuse. For example, if someone was injured in a motor vehicle accident that was someone else’s fault, this could result in a personal injury case.

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