Enjoying the spectacle of nature at its finest, going on a guided safari can be the experience of a lifetime. Despite the inherent dangers of travelling the wild plains of the earth, safaris are, by and large, safe and enjoyable. What happens though if you get injured whilst on safari? Who is liable for compensating you for injuries?
The negligence test
When determining who is at fault in a personal injury claim, perhaps the single biggest factor in the determination is the negligence test. Negligence occurs when a party has breached their legal duty of care to another person. When travelling on safari, the safari company has a duty of care to ensure your safety insofar as it is reasonably possible. In this case, if the safari company has failed in their duty of care to you by not guaranteeing your safety as much reasonably possible, the safari company would be held liable in the event of a personal injury claim.
If your accident occurred as the result of the negligence of another party, such as another holidaymaker causing you to slip, trip or fall, then the person who caused you harm would be found to be negligent and therefore liable for compensation.
Contributory negligence occurs when the party that has suffered a wrong has been found to be partially responsible for their own injuries. However contributory negligence is not an automatic bar to a claim for compensation. In this instance, blame will normally be apportioned between the parties, but a final payout of compensation may be reduced to reflect this.
Determining who is at fault when injured whilst on safari is not an easy process. A determination must be made on a case-by-case basis to find out the exact circumstances of the accident that occurred. Who is liable to pay compensation in the event of an accident depends heavily on who was directly to blame for the accident.
Claiming travel accident compensation
If you’ve been injured on safari and someone else was to blame, you could be entitled to travel accident compensation. Accident Advice Helpline can help you to make a claim for compensation even if your accident occurred outside the UK. Freephone 0800 689 0500 for more information.
Date Published: December 9, 2015
Author: David Brown