Who's Really to Blame for The Rise in Holiday Sickness Claims?
When Michael Owen decided that playing for Manchester United was an acceptable thing for an ex-Liverpool player to do, he must have realised that he was pushing himself towards the bottom of the ‘people that Scousers admire most’ list. Like many Liverpool fans I’ve tried hard to ignore Michael ever since, even to the point of muting the commentary when he’s chosen to share his intelligent, unbiased football insights. Imagine my annoyance then, when without warning his voice turned up on the radio in my car last week: ‘Hi! I’m Michael Owen and I know what it’s like to be injured at work.’
Brilliant! Two of the most unwelcome things in my life, Michael Owen and accident at work lawyers, combined in one radio ad to create a supernova of aggravation. I turned the radio off and in the silence that followed began to wonder if Michael had actually sued his employer for damages when he twisted his little toe on the penalty spot (or whatever it was that took him out of action for so long). He may have done I suppose, and if there was negligence on their part he might even have succeeded.
Like the rest of us Michael will know that ‘where’s there’s blame, there’s a claim.’ It’s been drummed in to us for years. Shunted at the traffic-lights? Claim for whiplash. Tripped on the pavement? Sue the council. Dickie tummy on holiday? Go after the tour operator.
We’ve been on the road to 'risk free' litigation for so long now that the line between a genuine claim and a reasonable punt has been blurred almost to the point of invisibility. To go straight from honest legal action to a fraudulent claim is huge leap, and one that most of us would never consider. But a never ending stream of daytime TV and local radio advertising has dragged us into a world where almost anything is now considered fair game for compensation. And this creates its own problem. The gap between being encouraged to embellish the facts a little to improve your chance of success, and making the whole thing up in the first place, can be very narrow indeed.
Small wonder then, that many otherwise honest people have found themselves tempted to make a claim for holiday sickness based on the flimsiest of evidence or in some cases, no solid evidence at all; lured in by clever Facebook ads and the smiling face of a qualified Solicitor. Why are we surprised that so many holiday makers have suddenly remembered the tummy bug that put them out of action for an afternoon in Corfu three summers ago? No win, no fee; nothing to lose; and Uncle Jack got two thousand pounds that time he fell over the broken paving slab outside the pub.
Who’s to blame here? Is it the naïve customer persuaded to give it a go, or is it the cynical sharks operating at the edge of the legal profession, fishing for claims from people who have been educated over the years to believe that this is somehow their entitlement. The answer I think is somewhere in between but if I had to lean one way, I’d lean towards the organised teams encouraging the claims rather than the people making them.
The recent headlines shouting about fraudulent claimants being ordered to pay five figure legal costs or facing prison sentences, send a strong message to others tempted to do the same (as the withdrawal of thousands of claims confirms), but they leave me with an uneasy sense that we’re going after the wrong people.
The travel industry faces a huge challenge and I am not suggesting for a moment that blatantly fraudulent claims should not be vigorously defended, but at some point, big travel companies shouting about sending customers to prison will backfire.
It’s the rogue legal firms that create the demand in the first place. They need to face up to the consequences as well.
Brilliant! Two of the most unwelcome things in my life, Michael Owen and accident at work lawyers, combined in one radio ad to create a supernova of aggravation. I turned the radio off and in the silence that followed began to wonder if Michael had actually sued his employer for damages when he twisted his little toe on the penalty spot (or whatever it was that took him out of action for so long). He may have done I suppose, and if there was negligence on their part he might even have succeeded.
Like the rest of us Michael will know that ‘where’s there’s blame, there’s a claim.’ It’s been drummed in to us for years. Shunted at the traffic-lights? Claim for whiplash. Tripped on the pavement? Sue the council. Dickie tummy on holiday? Go after the tour operator.
We’ve been on the road to 'risk free' litigation for so long now that the line between a genuine claim and a reasonable punt has been blurred almost to the point of invisibility. To go straight from honest legal action to a fraudulent claim is huge leap, and one that most of us would never consider. But a never ending stream of daytime TV and local radio advertising has dragged us into a world where almost anything is now considered fair game for compensation. And this creates its own problem. The gap between being encouraged to embellish the facts a little to improve your chance of success, and making the whole thing up in the first place, can be very narrow indeed.
Who’s to blame here? Is it the naïve customer persuaded to give it a go, or is it the cynical sharks operating at the edge of the legal profession, fishing for claims from people who have been educated over the years to believe that this is somehow their entitlement. The answer I think is somewhere in between but if I had to lean one way, I’d lean towards the organised teams encouraging the claims rather than the people making them.
The recent headlines shouting about fraudulent claimants being ordered to pay five figure legal costs or facing prison sentences, send a strong message to others tempted to do the same (as the withdrawal of thousands of claims confirms), but they leave me with an uneasy sense that we’re going after the wrong people.
The travel industry faces a huge challenge and I am not suggesting for a moment that blatantly fraudulent claims should not be vigorously defended, but at some point, big travel companies shouting about sending customers to prison will backfire.
It’s the rogue legal firms that create the demand in the first place. They need to face up to the consequences as well.
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