Tourist told ‘wet bum’ does not prove she slipped over in puddle at juice bar

A holidaymaker who attempted to sue TUI has been told by a judge having a ‘wet bum’ would not be enough to bring her £100,000 compensation claim.

Karen Carey, 64, slipped over in a luxury hotel in Tenerife six years ago and shattered her right ankle.

She was eating breakfast at the H10 Taburiente Playa Hotel when she fell on her bottom after her feet gave way beneath her as she walked towards the fruit juice bar in January 2016.

Mrs Carey sued the holiday giant for £112,620, claiming she slipped on a puddle of juice or water which cleaners at the hotel did not mop up.

The fracture has had a huge impact on Mrs Carey’s life and job – leaving her with chronic pain and limited mobility.

But judge Heather Baucher has now thrown out the case at Central London County Court.

‘She simply has no idea on what, if anything, she slipped,’ she said.

‘Mrs Carey’s shorts could have been wet for any number of reasons [after her fall] and that is not enough on which to found liability.’

TUI denied any liquid had been spilled on the floor and say it was cleaned regularly by hotel staff.

Mrs Carey and her husband had booked a week-long stay at the four-star hotel, which is by the beach.

She fell on her fifth morning of the holiday and was taken to hospital in La Palma. She required several operations after returning home to the UK.

Her lawyer Andrew Young told the court: ‘Mrs Carey and her husband sat down at a table and the claimant then stood up and started walking towards the area where fruit juice was available in order to obtain a drink.

‘As she came near to the area, her feet slipped from underneath her and she fell to the floor twisting her right ankle as she did so.

‘She saw nothing on the floor before she fell, but she noticed that her bottom was wet after she had fallen.

‘Her husband was summoned by a waiter immediately after the accident and he also noticed that the floor around the claimant was wet.’

However the judge concluded: ‘The burden is on the claimant to prove there was something on the floor which caused her to slip and that burden has not been met.

‘It is sad that the claimant fell over with such devastating impact during this accident, but that is just what is was, an accident. I hope that Mrs Carey can now find some way to move forward.’

Costs in the case were awarded to TUI, but Mrs Carey will not have to pay it unless the court makes a later order.

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