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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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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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.

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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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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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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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.

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.

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.

Lending money to family or friends can be a delicate, but not uncommon, situation.

A recent study on the money habits of UK adults revealed a significant proportion still rely on the 'Bank of Mum & Dad' where their parents regularly provide financial support in times of need. The results showed that some people required support for day-to-day living costs such as utilities, groceries and credit card bills. While other popular reasons were to fund large purchases like weddings, home renovations or vehicles.

While you might want to financially help a family member or friend, it's crucial to take a formal approach to the transaction to protect both parties.

We are a firm of solicitors that advise and draft personal loan agreements between individuals, and so wanted to share some considerations that may help you navigate the process of lending money and minimising the potential risks involve.
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Begin with a conversation with the borrower to understand their current financial situation and the reason for the loan. Don't be afraid to ask specifics of why they need the amount along with how and when they foresee that they will be able to pay it back.

If the borrower isn't clear on these points, then you might want to give them some time to consider further and get back to you with the details. As vague promises of repayment 'one day' or when they are 'back on their feet' won't be useful for either party.

You should also be transparent about your own financial capacity and expectations. Specifically, how much you are willing to loan and that while you may be able to afford to lend this amount, you can't afford to lose it. Consequently, this is why you will require them to sign a legally binding loan agreement.

If either party are uncomfortable with committing to a written contract, it might be best to explore alternative solutions to help.

The goal of these informal conversations is to gain an understanding of each other's position and both be comfortable moving forward to formalise the points discussed.
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Verbal agreements are unreliable. A written contract that documents the terms of the arrangement that is signed by both parties should be used. This not only provides evidence of the loan but also removes any ambiguity regarding what has been previously agreed.

The written contract should document all aspects of the loan and repayments, including what happens in the event of a default (non-payment). Some of the major clauses in a loan agreement typically include:

• Full names and addresses of the lender and borrower
• The exact amount to be lent and when this will be provided
• Any interest that the loan will attract (further points to consider below)
• A repayment schedule or the date when the loan will be paid back in full
• Consequences of late or missed payments and what constitutes a default on the loan

If your discussions with the borrower haven't gone into this amount of detail, then now is the time to confirm these points. After this both parties should then be ready to have the terms of the loan documented and signed.

It's at this point that you should consider instructing a solicitor to draft a formal loan agreement based on the terms agreed.

You do have the option of drafting a document yourself or using a generic template loan agreement from the Internet. As generally any written document that details the terms is better than none.

However having a bespoke loan agreement drafted by a solicitor, that is based on your requirements and legally addresses all necessary points is strongly advisable.
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Charging interest on a loan to a friend or family member can be a grey area. Many lenders don't even think about charging interest when the loan is to help someone that they know, but it's something that you should seriously consider.

Lending a significant sum comes at a cost and risk to a lender. The cost is what you will lose not having the money in your own savings account earning interest. The risk is always that you may not be repaid in full by the borrower.

Therefore, you may wish to consider charging the borrower a fair rate of interest on the loan similar to what you would earn keeping the amount in a (risk free) savings account. This rate will certainly be less than a commercial lender would charge the borrower, so there are still clear advantages for them.

The final benefit on charging interest is on a legal point. As when a lender requires interest on a loan, the borrower and the Court, are unlikely to consider the amount being provided as a gift.
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Lending money to someone close to you requires careful consideration and a professional approach.

As a lender you shouldn't be rushed into loaning money without clear terms being agreed, as you need to protect both your financial interests and your relationship.

A solicitor drafted loan agreement can provide this crucial protection and clarity. Allowing you to financially help the person in need while minimising the risks involved.
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As a responsible dog owner, receiving notification that someone is pursuing a compensation claim against you after being bitten by your dog can be a shock.

UK research indicates that one in four people have been bitten by a dog in their lifetime, with a third of bites requiring medical attention but only 0.6% requiring hospital attendance. So, while being seriously injured by a dog is relatively rare, any minor injury to a human which involves your pet will still be a cause for concern.

What happens if my dog bites someone?

In the immediate aftermath of a bite or attack, the police often become involved to assess if your animal is dangerous or could be considered out of control. The outcome of this investigation could be a warning, community resolution order, fine, banning order or even prison sentence in the most serious of cases.

But regardless of any action the police may take in a criminal capacity, you may still be subjected to civil legal proceedings in the form of being sued via a compensation claim made by the injured party.

If this occurs then you'll need to be aware of the options available in defending a dog related personal injury claim, and that you cannot always be held legally responsible for injuries that have been caused by your pet.​

Does home insurance cover dog bites?

There are various insurance policies which you may have in place that can cover you in the event that a personal injury claim is made against you as a dog owner. Whether you dog bit someone on your property or in a public place (street, park, woods etc.)

• Pet Insurance – Many pet insurance products that are designed to cover vet bills also have 'third party liability' cover which may cover incidents caused by your animal. However, on some products this liability cover is an optional extra.
• Home Insurance – While not as common, depending on your buildings and contents insurance you may be covered for injuries to the public that occur on your property. However, there may be homeowner policy exclusions relating to animals or dangerous dogs.
• Membership – Some animal organisations (for example the Dogs Trust Companion Club) include third party liability insurance if your dog causes damage or injury as part of their membership package.
• Public Liability Insurance - If the animal is used in connection with your business, such as being a dog handler, walker, canine security or a guard dog. Then your business public or employers' liability insurance may provide coverage.

Should you receive a claim, it's recommended to first check for any possible insurance policy, and if cover exists, report the claim to your insurer as soon as possible. They will then take over the handling of the claim and instruct a solicitor to act on your behalf.
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If no insurance cover exists, or your insurer refuses to indemnify you, then you need to seek advice from a personal injury defence lawyer on your uninsured dog bite claim.

The Letter of Claim ​you receive informing you of the claim will need to be acknowledged in a certain timeframe (usually 21 days) so gaining legal advice as soon as this letter is received is highly recommended.
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​For a claimant to be successful in their damages claim they must prove that the owner or keeper was responsible for the actions of the animal, and/or have been negligent in some way.
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A key piece of law that is often cited in animal attack cases is the Animals Act 1971. This legislation defines the conditions that a dog’s keeper can be responsible for the behaviour and damage caused by their dog.

The act provides three tests that must be met before the owner or person in possession of the animal can be held liable for any damage that has been caused. Basically, these tests are that:

a. The damage or injury was likely to be caused by the animal unless it was restrained, and
b. It was caused by a characteristic of the animal, and
c. The characteristic was known to the owner or keeper of the animal.

While any dog has the ability to bite, they will generally only ever do this in unusual circumstances which may not be able to be reasonably foreseen by the keeper.
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Another piece of legislation used in dog bite compensation claims is the Occupiers' Liability Act 1957 if the claimant was a visitor to the defendant's property.

These laws basically place a responsibility on the occupier of a property to ensure that any visitors will be safe on the premises for the purpose of their visit.

An occupier could be classed as anyone that has a reasonable degree of control over the property where the incident occurred.  So a claim may also be made against someone other than the official owner of the dog.
   

Being the owner or handler of a dog, you owe the public and any visitors to your home a 'duty of care' to prevent the animal from injuring them. If a claimant can prove that an owner has breached this duty, and so has been negligent, then they may be entitled to compensation.

A person simply being bitten by a dog does not mean that the owner has been negligent. A claimant would need to show that they were aware that the dog attack could happen and failed to take adequate steps to prevent it.
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As you have probably gathered, defending a dog bite compensation claim is a complex task and you should obtain specialist legal advice when faced with a claim.

An experienced solicitor can investigate the circumstances of the incident, as well as the history of the animal, to present all mitigating factors on why you may not be liable for the injuries caused. For example, common dog bite law defences may include:
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• If the animal was provoked in anyway.
• If warnings were ignored by the claimant.
• If dog has never previously demonstrated aggressive behaviour.
• If animals were fighting and a person placed themselves in danger to separate.
• If the claimant was trespassing, and the dog was guarding the property.

When it comes to the law, your beloved family pet is simply considered a piece of property that has inflicted damage on another person. So if you are placed in the position of defending a claim, ensure you seek the legal advice you need and your pet deserves.