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Traveller walks into glass door, sues

WOMAN who sued after suffering life-threatening injuries when she walked into a glass door in her bikini during a holiday in Barbados could 'create chaos for the tourism industry'.

A woman walked into a glass door on a Barbados holiday. Picture: Shardalow, Flickr
A woman walked into a glass door on a Barbados holiday. Picture: Shardalow, Flickr

A COMPENSATION payout to a holiday-maker who suffered life-threatening injuries after walking into a glass door in her bikini is threatening to leave the UK travel industry in chaos, top judges have heard.

Lawyers have warned that an award to Moira Japp, who was hurt during her stay at an exclusive Caribbean hotel, will 'create great difficulties for the tourist industry' by expecting 'far-flung exotic places' to comply with British health and safety standards.

Mrs Japp had been relaxing on her balcony at the Crystal Cove Hotel in Barbados when she heard a phone ring inside, and accidentally walked into the closed french windows which led into her room.

The glass shattered and she suffered deep lacerations all over her body which, according to her lawyers, could have been life-threatening. In October last year Mrs Japp, 53, from Worthing, West Sussex, sued trip organisers Virgin Holidays Limited and was awarded Pound24,000 ($40,000) damages.

However the company are now asking the Appeal Court to overturn that decision. They have pointed out that if the courts hold British travel companies responsible for ensuring tough UK safety rules are upheld around the world, then it will make life more difficult for the industry - a problem which could end up raising prices for other holiday-makers.

Sarah Prager, representing Virgin Holidays, confirmed in court that the accident had left Mrs Japp with 'multiple lacerations'.

She told judges: "On June 24 2008, Mrs Japp booked a package holiday on Barbados with Virgin Holidays.

"Throughout the holiday, Mrs Japp was to stay in the Crystal Cove Hotel in Appleby, St James.

'At approximately 5pm on September 3, she returned to her hotel room and went out on to the balcony to read a book, closing the patio doors as she did so.

"Some short time later, the telephone in her room rang and she got up and walked quickly into the closed doors. The doors shattered, causing multiple lacerations. They were constructed using glass a quarter of an inch thick. It was neither toughened nor safety glass."

She added: "Mrs Japp said the hotelier ought to have ensured the glass was of such thickness that it did not shatter."

But Miss Prager then went on to warn the judges about the potential dangers of expecting other countries to live up to English standards of health and safety.

She said: "Exporting English standards would give rise to lack of clarity - some nations are more risk averse than others.

"If travel agents are told that facilities have to comply with English notions of reasonableness, that is going to create great difficulties for the English tourist industry in general." However Andrew Spencer, representing Mrs Japp, argued that Virgin Holidays had rightly been held liable.

He said: "When people book a package holiday, they are entitled to expect that the facilities are not unsafe."

Lord Justice Lewison, sitting with Lords Justice Richards and Tomlinson, has said he will deliver the court's decision at a later date.

Original URL: https://www.news.com.au/travel/travel-updates/traveller-walks-into-glass-door-sues/news-story/29ad01e9d564c33013a72c4671e8e841