The legal framework: three jurisdictions and different routes to liability

In England and Wales, hotel and leisure claims are usually framed through a combination of negligence, occupiers’ liability and, where the holiday was sold as a package, the Package Travel and Linked Travel Arrangements Regulations 2018. Under the Occupiers’ Liability Act 1957, occupiers owe lawful visitors a common duty of care to take such care as is reasonable in all the circumstances to see that visitors are reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.

Where the claim arises from a package holiday, Regulation 15 of the 2018 Package Travel Regulations provides that the organiser is liable to the traveller for the performance of travel services included in the package, irrespective of whether those services are performed by the organiser or by another travel service provider. This means a UK-based organiser may face claims in England even where the accident occurred overseas, depending on how the holiday was sold and the nature of the alleged failure. With the Package Travel and Linked Travel Arrangements (Amendment) Regulations 2026 coming into force on 6 April 2027, more businesses will within the scope of the Regulations.

The Supreme Court decision in X v Kuoni [2021] remains a key reference point for travel claims involving hotel services. The Court took a broad view of the obligations undertaken by a package organiser and held that the organiser could be liable where the conduct complained of amounted to improper performance of the package travel contract.

In the US, there is no single national personal injury framework. Claims are governed by state law, but typically proceed as premises liability, negligence or negligent security claims. The core issues are usually whether the hotel owed a duty to the guest, whether it breached that duty by failing to act reasonably, and whether that breach caused the injury. In the US a lay jury decides the fate of the defendant rather than a judge.

In the UAE, two legal systems operate in parallel. The DIFC and ADGM operate common law courts influenced by English legal principles and procedure. Most claims however are brought in the onshore UAE courts, which apply a civil law system based on codified legislation. The onshore civil law courts follow a more inquisitorial approach than the party-driven English litigation system, with court-appointed experts frequently playing a key role. As a general principle, a party that causes harm may be liable to compensate the injured party, provided fault, damage and causation can be established. Compensation may be awarded for both material and moral damage. Similar civil law systems and principles are applied in other countries in the region, including the Gulf Cooperation Council (GCC) countries and certain North African countries.

Which jurisdiction has the highest awards?

An audience poll asked which jurisdiction is most likely to produce the highest awards: the US, UK or UAE. The answer was the US.

That reflects a combination of factors: jury trials, litigation culture, the role of punitive or exemplary damages in some cases, broader discovery, plaintiff attorney strategies and medical costs.

By contrast, England and Wales generally applies a more structured approach to damages, with general damages assessed by reference to judicial guidelines and comparable case law, and special damages calculated by reference to financial loss and future needs. UAE (and other GCC) courts also tend to be more court-led in assessing compensation, with reported examples showing significant but generally more restrained awards compared with the highest US jury outcomes.

Practical points for hotels, travel businesses and insurers

For hotels and leisure operators, documentation and escalation are critical. Operators should ensure that safety inspections, maintenance schedules, cleaning protocols, pool and leisure supervision, security patrols, lighting checks and access-control systems are not only in place but consistently evidenced.

For tour operators and travel organisers, a key issue is supplier oversight. Contracts with accommodation providers should address safety standards, incident reporting, cooperation with claims investigations, document retention, insurance and indemnities. Where a claim falls within the package travel regime, the organiser may face liability even though the incident occurred overseas and the day-to-day control sat with the local supplier.

For insurers and claims handlers, early investigation is essential. The immediate priorities should include securing CCTV, incident logs, witness statements, photographs, maintenance records, cleaning records, risk assessments, training materials and contractual documents. In cross-border claims, it is also important to obtain early advice on local standards, applicable law, jurisdiction and limitation.

Comment

Although the legal routes differ across England, the US and UAE, claims are increasingly won or lost on the evidence of systems, training, supervision and response.

For travel businesses, hospitality operators and insurers, the focus should be on demonstrating that risks were assessed, procedures were implemented, staff were trained and incidents were escalated appropriately. In a claims environment where the US continues to present the highest severity exposure, and where package travel claims remain a significant route to recovery in England and Wales, proactive risk management remains the strongest defence.

Justin Collins, Partner, London

Niva Harney-Hiller, Partner, Miami

Rishi Sengupta, Partner, Dubai