Defending a personal injury claim as a holiday let owner

It's estimated that there are over 8 million stays in UK holiday homes per year, with the trend of guests opting to stay in cottages, cabins, lodges, apartments or glamping sites over traditional hotels only set to grow. But with increasing visitors comes increasing risks, including the risk of an injury compensation claim being made against you.

As a holiday let owner, receiving a personal injury claim from a previous guest can be an overwhelming experience. The claim may allege that some aspect of your property was unsafe or defective which has resulted in an accident and subsequent injuries to a visitor.

Successfully defending such a claim requires a structured approach and professional legal advice. In this guide we outline the initial steps and the kinds of supporting evidence that will assist in defending the case.
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Initial Claim Notification & Acknowledgement.

While you may request that guests report any accidents that occur on your premises, it's not uncommon for compensation claims to come completely out of the blue, when there has been no previous complaint or incident reported.

Notification of the claim against you will usually be via one of three letters sent by a solicitor that the claimant (injured person) has engaged:
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• Request for insurance details
• Letter of Claim
• Claim Notification Form

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Letter requesting insurance details.

This letter is usually brief and contains little information of the actual claim. It simply informs you that a claim is being made and requests details of your business or public liability insurance.

At this point you should check all your relevant insurance policies with a view to providing the requested information. The letter should state the date the alleged accident occurred so you may need to find the insurance policy you had at this time. There can be many different types of insurance products for short term holiday homes for you to check, including:
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• Holiday Let Insurance
• Cover provided by your holiday letting agency
• Airbnb AirCover for Hosts
• Booking.com Partner Liability Insurance
• Vrbo Liability Insurance
• Included as part of the service fees you pay your holiday park or caravan site

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Once you have found the policy details they need to be sent to the claimant's solicitor, usually within 14 or 21 days. While it may be tempting to also address the allegations regarding the claim, this isn't the time. Your correspondence should simply provide the requested insurance information.

The claimant's solicitor will then contact your insurer with formal notification and full details of the claim they are making. Your insurance company should then provide assistance as part of your policy and deal with the claim on your behalf.

A claim without holiday let insurance.

If after searching all potential policies you discover that there was no insurance in place to cover the accident at your holiday home, then this still needs to be confirmed to the claimant's solicitor.

Again, this simply needs to be a short email advising that there is no insurance that will cover the claim.
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The solicitors may then send you a lengthier Letter of Claim or Claim Notification Form for you to respond to.
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Letter of Claim or Claim Notification Form (CNF).

If you don't have insurance or your insurer has refused to cover you for the incident, then you will now be faced with dealing with the claim yourself. The Letter of Claim or Claim Notification Form you have received is the formal notification of the claim and must be responded to.

Upon receiving these formal allegations of the injury claim at your accommodation, it is crucial to deal with it promptly. The first response required is usually just to acknowledge the Letter of Claim, which should be done in the prescribed timeframe to simply confirm receipt and making no comments on liability (fault) or the circumstances of the incident.
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Instructing a personal injury defence solicitor.

Given the complexities of personal injury law and the timeframes involved, engaging your own defendant injury solicitor (such as ourselves) is highly recommended at this point. As a solicitor will be able to:
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• Review the claim, the evidence and your version of events
• Provide detailed advice on the claim's strengths and weaknesses in law
• Assist in preparing a robust response to the guest's solicitors tailored to your case and instructions
• Support you through the legal process including potential costs, court proceedings and defences

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Need advice on defending an uninsured holiday rental injury claim?

Our personal injury solicitors can provide legal advice on the claim against your short term let business for a simple fixed fee.

Defendant Injury Lawyers

Useful evidence to defend a holiday let injury claim.

Whether you are instructing your own solicitor or your insurer is providing legal representation, there will be key evidence that you will need to collate and preserve, to assist your case.

In our experience dealing with holiday home accident claims, most allegations of negligence are made in relation to breaches of the Occupiers' Liability Act 1957. Therefore the types of evidence which we often need to consider include:
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• Photographs and videos of the area where the accident occurred. Ideally taken as soon as possible after the claim is received, reflecting the conditions close to the time of the alleged incident (if feasible).
• Booking details of the guests that were allegedly injured including any special requests that were made.
• Copies of any 'welcome book' instructions or terms provided to the guests in the accommodation.
• Relevant entries in accident books, incident reports and any complaint correspondence.
• Cleaning and inspection records for the property covering checks on the entrances, steps, decking etc.
• Maintenance records for any equipment that was potentially involved in the incident (self-catering facilities, ovens, hot tubs, barbeques, firepits, wood burners, camping equipment etc.)

With supporting evidence such as the above along with your version of events, your solicitor will be able to advise you on your prospects of defending the claim and prepare a response that addresses all the claimant's allegations.

Options on defending a holiday home injury claim.

Legal advice is vital in understanding your options on how to deal with the claim. After reviewing details of the case your solicitor will be able to advise on any legal defences that are available to you. Such as:
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• Denying liability by showing your property met all relevant safety standards and regulations at the time of the alleged incident.
• Highlighting contributory negligence where there was failure by a claimant to follow safety guidelines or warnings.
• Disputing the severity or existence of the claimant's injuries as they have been presented.

However once equipped with professional legal advice on the case and its prospects, it may be that the most sensible option for you commercially is to attempt to settle the claim out of court.

Making an early settlement offer is only advisable once you fully understand the strengths and weaknesses of both the claimant's claim and your potential defence. As there are risks and costs involved for both parties if the claim goes to court, which is important to factor in when entering into negotiations with the claimant's representatives.

Protecting your holiday rental business.

Defending a personal injury claim is a complex process for even the largest of organisations. So dealing with a claim as a small holiday home business can quickly become an all-consuming experience.

But with a solid understanding of the initial steps to respond to a claim and seeking expert legal advice as soon as possible, you will maximise your chance of putting forward a successful defence and achieving the best possible outcome.