BCVLex secures €10,000 compensation for a foreign tourist injured in a Tenerife hotel
In December 2024, BCVLex law firm obtained a fully favorable judgment on behalf of a foreign tourist who sustained a serious injury while staying at a hotel in Tenerife. This decision underscores how crucial it is for individuals not residing in Spain to seek specialized legal counsel in international civil liability to effectively uphold their rights.
Factual Background
In June 2022, while staying at a local resort on the island, the victim suffered a severe fall on her way back to her room. She slipped on a floor left wet by water overflowing from a decorative fountain located near the reception area. Although this passageway was regularly used by numerous guests, no signs warned of any danger or risk of slipping. The consequences of this oversight were particularly serious. An initial fall caused a fracture-dislocation of the victim’s right shoulder. In attempting to stand back up, she lost her footing again and struck her head forcefully against a metal structure of the same fountain, sustaining a cranial injury that left her unconscious for several minutes.
The total absence of safety measures became even clearer when an another person who rushed to assist her also fell under similar circumstances. Once alerted to the incident, hotel staff immediately requested emergency medical assistance, and the victim was transported to the hospital, where the severity of her injuries was confirmed. She required 98 days of convalescence, which resulted in lasting impairments affecting the stability of her shoulder. Beyond the physical harm, she incurred major emotional and financial repercussions, including substantial medical expenses, a forced interruption of her professional activities, and significant psychological distress.
After multiple attempts at an amicable settlement proved unsuccessful, the victim had no choice but to bring legal action against both the hotel and its insurance provider, alleging a clear failure of maintenance and a complete absence of any warning about the danger. Although the defense attempted to shift blame by claiming the victim’s alleged negligence, the evidence presented conclusively showed that the accident primarily stemmed from the hotel’s breach of its safety obligations and its duty to prevent foreseeable risks.
Resolution of the dispute
BCVLex assumed the victim’s representation, invoking in particular Article 76 of the Law on Insurance Contracts, which obliges insurers to indemnify losses that occur under the contractual provisions; Article 1902 of the Spanish Civil Code, which establishes principles of non-contractual liability; and the General Law for the Defense of Consumers and Users, which compels service providers to implement all necessary preventive measures. In the course of the proceedings, the case file was supplemented by detailed medical and technical reports, along with photographs and videos demonstrating the condition of the area where the accident took place.
After conducting a thorough review of these materials, the court concluded that the hotel had failed in its obligation of vigilance, safety, and prevention, and held it fully liable. The insurance company was consequently ordered to pay the sum of €8,517.94 as compensation for physical, moral, and economic damage, as well as €1,678.87 in late-payment interest pursuant to Article 20 of the Law on Insurance Contracts, bringing the total to €10,196.81. In addition, the defendant was ordered to pay costs, as the judge observed that the victim had been forced to go to court to obtain relief.
How to obtain compensation for an accident abroad
When a foreign tourist is injured outside their country of residence, it is crucial to take several steps in order to safeguard the full exercise of their rights. Initially, one should gather all evidence linking the accident to the alleged wrongdoing, including photographs of the scene, medical reports, witness statements, or any other relevant records substantiating the facts. Consulting an attorney specializing in international civil liability is then strongly advised to assess available legal remedies and develop the most suitable defense strategy, especially in light of the applicable law. While seeking an amicable solution, it is likewise prudent to file an official complaint with the liable establishment within the statutory deadlines. Should no settlement prove feasible, the competent court may be petitioned to award fair compensation.
In Spain, the law affords solid protections to victims, notably through regulations on civil liability and consumer rights, which impose strict duties of vigilance and risk prevention on service providers. An experienced law firm can oversee the entire process and streamline the path toward complete redress, without requiring excessive travel on the victim’s part.
Drawing upon its extensive expertise, BCVLex provides rigorous support at every phase of the proceedings. Its full-service approach covers all aspects of the litigation process, from initial negotiations to enforcement of the final judgment, thereby ensuring that victims receive the highest standard of legal protection. Anyone confronted with similar circumstances may contact the firm for a personalized assessment of their case—without obligation— and benefit from tailored, expert legal representation.
