The High Court in London has heard a compensation claim for a child hurt on holiday in Tunisia, brought by his father after the child was hit in the eye by a dart.
Toby Corps (now eleven years old) was just five years of age when he went on holiday with his family to the Dar Khayam Hotel in Hammamet, Tunisia. Toby was participating in a supervised children´s activity, which involved throwing darts at a dartboard suspended on a tree, when his accident happened in April 2008.
Toby was among a group of twelve children who were throwing darts at the dartboard and, while he was waiting for his turn, the child who had preceded him in the game retrieved his darts from the board and threw one towards Toby – piercing his left eye. Toby sustained a detached retina in the accident and had to undergo an operation to have a cataract removed.
Through his father – Paul Corps – Toby made a compensation claim for a child hurt on holiday against the travel companies through which the holiday was booked – in the claim alleging that the “animation team” had failed to provide any instruction to the children on how to use or retrieve or return the darts properly and safely.
The travel company through whom the holiday booking was made – Future Travel – contested the compensation claim for a child hurt on holiday; arguing that the trip had not been booked as a package deal and therefore the claim was excluded from those that could be made under the Package Travel Regulations.
However, at a hearing in the High Court in London, Mr Justice Bean heard representatives of youtravel.com – the holiday company through whom the hotel accommodation had been supplied – acknowledge that the “animation team” at the hotel had failed in their duty of care towards Toby and admitted their liability for his injuries.
The judge adjourned the case so that an assessment of how Toby´s injury might affect his future education and employment prospects could be made. Court papers indicate that the family have been advised not to accept a settlement of compensation for a child hurt on holiday of less than £50,000.