A health and safety officer who suffered a fractured skull after falling from a hotel balcony in Tenerife is suing a tour operator. Philip Clay, from Milford Haven, Pembrokeshire, fell 20ft (6m) at the 4-star Guayarmina Princess hotel while on a Thomson package holiday in July 2011.
The Court of Appeal heard that Mr Clay had been on the balcony with his wife, Valerie, and his parents after putting their children to bed. When they were locked out and his wife needed the toilet, he attempted to cross to his own balcony next door, where the door was unlocked. He stepped over the guardrail onto what he thought was a solid concrete ledge, but it collapsed, revealing it to be a decorative cornice made largely of polystyrene.
Mr Clay fell two floors, was knocked unconscious, and lay in a pool of blood for 30 minutes before help arrived. He has since fully recovered from his injuries. He is appealing a previous ruling by Judge Seys Llewellyn QC at Cardiff County Court, who dismissed his claim that the cornice was part of the balcony and should have been weight-bearing or had a warning sign.
Lady Justice King heard the appeal on Thursday and has reserved her judgment. Mr Clay is seeking damages from TUI UK Ltd, the tour operator for his holiday.
