Tourists injured in Malaysian coach crash commence proceedings in the High Court
13 September 2007
A group of 13 tourists, injured whilst travelling in a coach in Malaysia, have commenced a civil action for damages against the tour operator with whom they booked their holiday.
The 13 Claimants in the group had all booked a package holiday with Explore Worldwide Limited, an English company specialising in adventure and activity holidays. As part of their 17 day tour of Malaysia and Singapore, Explore had arranged for the group to travel by coach from Tanjung Gemok in Malaysia to Singapore. The coach was owned and operated by WTS Travel and Tours Pte Ltd, a Singaporean company that Explore had arranged to provide travel services for the group.
Whilst travelling in severe wet weather on 28 May 2006, the driver of the coach lost control and caused the bus to smash through the roadside crash barrier and down a ravine. Sadly the driver of the coach and a Malaysian child passenger died in the accident.
The 13 tourists were all injured in the accident. Injuries amongst the group ranged from serious and multiple fractures, dislocations and internal injuries to lacerations, bruising and psychological distress. Many members of the group are still living with the effects of the accident and have ongoing symptoms.
The civil action has been brought under the Package Travel Regulations 1992 which permits tourists to sue their tour operator in England notwithstanding the fact that the accident occurred overseas because of the negligence of a foreign party.
Ben Townsend, solicitor for the group and a Partner at Stewarts Law in Leeds said:-
"The Package Travel Regulations were introduced for precisely this type of case: English tourists who book package holidays with English companies but who happen to be injured overseas because of the failings of foreign subcontractors should not have to face the inconvenience of bringing claims abroad. Their claims will be dealt with by the English courts under English law."
Solicitors for Explore Worldwide Ltd are expected to file a Defence shortly. It is not yet known whether Explore will admit or deny their liability to compensate the group.