Specialist Lawyers Say Safety Flaws Were Unacceptable

A woman injured when she suffered an electric shock on exposed wiring on a jetty after a snorkelling trip on holiday in the Maldives has won a legal battle against her tour operator allowing her to receive a fair settlement

Amanda Nash from Hampshire, travelled to the Adaaran Club Rannalhi Resort, Male, Maldives in September 2010 but her holiday was ruined when she suffered the two electric shocks leaving her with injuries to her neck and back as well as burns and acute anxiety immediately following the incident.

She instructed specialist international personal injury lawyers at Irwin Mitchell to investigate the shocks. Now after a five-year legal battle, her legal team was forced to take Sunspot Tours Limited (Trading As Mercury Direct) to court where a judge has ruled in her favour that the tour operator was liable for her injuries.

The court heard how a hotel electrician had inspected the jetty in question on the morning several hours prior to the accident, for potential damage caused by bad weather the previous night. The Judge found on the evidence available that the wire sticking between the boards of the jetty that caused Amanda’s accident must have been present prior to this inspection. 

The Judge found that during this inspection, the electrician ought to have seen the wire sticking up between the boards and that his failure to do so shows a lack of reasonable skill and care on the part of the hotel and its staff in carrying out the inspection. 

The Judge said it goes without saying how dangerous an exposed live wire can be, in fact potentially fatal. 

The Judge also found that there was a failure by the hotel to provide the 4 star accommodation it advertises and upheld Amanda’s quality complaint.

Irwin Mitchell have agreed a fair settlement on her behalf after she suffered with back pain for six months after the electric shock threw her to the ground.

She had treatment in the hospital on the mainland. She then saw her GP in the UK upon her return home, who recommended physiotherapy and prescribed painkillers.

Victoria Pegg, an expert travel lawyer at Irwin Mitchell representing Amanda, said: “This was a completely avoidable incident which could have been even more dangerous. The safety flaws were simply unacceptable. There was wiring exposed on the jetty where people who were staying in the water bungalows were having to walk. Everyone knows that water and electricity shouldn’t mix and better precautions should have been taken to avoid injuries.”

“We are pleased that the judge has ruled in our favour but it is disappointing that the case has been dragged all the way to court.”

Amanda said: “My holiday was supposed to be a luxury trip to the Maldives but it was just ruined after I suffered the electric shocks. The jetty was the only way to get back to the bungalow after I’d been snorkelling but I never expected to get electric shocks.”

“One minute I was walking down the wooden walkway, the next I was rooted to the spot and could feel a pulsing sensation coming up my body. I tried to edge backwards but suffered a worse shock which threw me into the air and I landed awkwardly on by back. I was only a foot away from the water and dread to think what could have happened if I’d have fallen in to the sea.”

“The experience ruined what should have been a relaxing break at the end of the holiday. With the pain in my back I just didn’t feel like doing anything.”

“In my opinion the condition of the hotel generally was nowhere near the 4 stars it was advertised as. The water bungalow and the bed sheets were dirty and there was a generally unfinished quality about the place.”

“I can’t believe the tour operator has made me take the case all the way to a Trial but thankfully the judge has ruled in my favour and now I can begin to put the whole ordeal behind me.”