Written by Carter Capner Law

Updated on June 11, 2025

Injuries can happen anywhere — even on holiday. If you’re hurt while staying at an overseas resort or hotel, your actions in the hours and days that follow are critical. This guide is designed to help Australians protect their health, document the situation properly, and lay the groundwork for an overseas hotel injury claim under Australian Consumer Law.

Why Immediate Action Matters

In the aftermath of an overseas injury, it’s easy to feel overwhelmed. But what you do next could shape your recovery and any future legal claim. Evidence like CCTV footage may be erased, staff stories may change, and physical hazards can be fixed overnight. The sooner you act, the stronger your case will be — both medically and legally.

Checklist: What to Do Immediately After an Injury Overseas

  • Seek Medical Attention Immediately

    Even minor injuries should be assessed by a professional. Overseas medical reports will support your future claim.

  • Document the Scene

    Take photos/videos of the hazard, surrounding area, poor signage, and your injuries.

  • Gather Witness Details

    Get names, emails, and phone numbers of anyone who saw the incident — especially other guests.

  • Report It to the Hotel or Resort

    Ask for an official incident report. Request a signed and dated copy for your records.

  • Keep All Receipts and Records

    Track every expense: hospital visits, taxis, medications, missed bookings, and meals.

  • Notify Your Travel Provider in Writing

    Send a brief factual email to the Australian agency or tour operator who booked your trip.

  • Do Not Sign Anything

    Avoid signing waivers or accepting refunds until you’ve received legal advice.

Common Causes of Hotel and Resort Injuries

Most overseas hotel injury claims involve preventable risks. Recognising how injuries typically occur helps validate your experience and informs your next steps.

Slips, Trips, and Falls

Unmarked wet floors, cracked tiles, uneven steps, or poor lighting in hallways and stairwells are the most common causes of injury abroad.

Food Poisoning and Contaminated Water

Many travellers become ill from poorly maintained buffet setups, undercooked food, or drinking contaminated tap water or ice.

Broken Furniture and Unsafe Fixtures

Faulty beds, damaged balconies, broken pool tiles, or in-room appliances like kettles or hairdryers can cause serious harm.

Excursion Accidents Organised by the Hotel

If the hotel or resort promoted or booked your activity (e.g. diving, hiking, zip-lining), they and the Australian agency may share legal responsibility if something goes wrong.

What Information Should You Collect?

Evidence is vital. Collect and retain everything that relates to the incident and your treatment. This will form the basis of your potential overseas hotel injury claim.

Item Examples to Keep
Medical Records Prescriptions, discharge summaries, x-rays, emergency notes
Incident Evidence Photos, videos, location details, time/date, incident report copy
Witness Statements Written notes, emails, messages with guests or hotel staff
Communication Emails to/from travel agent, hotel management, insurance
Financial Proof Receipts for transport, food, rebooking, medication, early return

Returning to Australia: Your Next Medical and Legal Steps

The evidence you gathered overseas is crucial, but what you do upon returning home is just as important for building a strong compensation claim. Your focus should be on establishing a clear Australian medical record.

  • See Your GP Immediately: Book an appointment with your local General Practitioner, even if you received treatment overseas. Discuss your injuries, how they occurred, and any ongoing symptoms. This creates an official Australian record of your condition.
  • Obtain Specialist Referrals: Your GP can refer you to specialists—such as an orthopaedic surgeon for fractures or a psychologist for trauma—to properly assess the long-term impact of your injury. These specialist reports are vital for your claim.
  • Keep Your Employer Informed: If your injuries require you to take time off work or perform lighter duties, ensure this is documented with your employer and supported by medical certificates.

When to Speak to a Lawyer

If you’re asking yourself any of these questions, it’s time to seek legal advice:

  • Was I injured due to poor maintenance or unsafe conditions?
  • Was the hotel activity booked or promoted by my Australian travel agency?
  • Have I had to cancel plans, return early, or miss work?

The team at Carter Capner Law specialises in helping travellers recover compensation for overseas hotel injuries booked through Australian agencies.

Why Is the Australian Travel Agency Responsible for an Overseas Hotel?

It may seem logical to blame the overseas hotel directly, but under Australian Consumer Law, the situation is different. When you book and pay for a holiday package through an Australian travel provider, you enter a legal contract with them — not the overseas hotel.

This means that companies such as Flight Centre, Luxury Escapes, Escape Deals, Intrepid Travel, Wendy Wu Tours, Hoot Holidays, Inspiring Vacations, Helloworld Travel, and Bunnik Tours are legally responsible for ensuring the services they offer — including accommodation — are delivered with due care and skill.

They cannot shift the blame to the overseas hotel or supplier. If their chosen hotel partner fails to meet safety standards or acts negligently, the Australian agency is considered to have breached their consumer obligations to you.

This gives injured travellers the advantage of pursuing a compensation claim in Australia — under local law, in English, and against a business that is headquartered and accountable in this country.

FAQs – Hotel and Resort Injuries Abroad

What if I didn’t report the incident before leaving?
While it’s best to file a report immediately, supporting evidence and medical records can still help build a case.

Can I claim even if I signed a waiver?
Yes. Waivers do not always prevent claims, especially if negligence was involved.

Does it matter that the hotel was overseas?
No. If your trip was booked through an Australian provider, your claim can be filed here in Queensland.

Protect Yourself Now, Claim Later

An injury overseas can feel disorienting — but the right actions can protect your health and your legal rights. By acting quickly, gathering key evidence, and speaking to a legal expert early, you can set yourself up for a successful overseas hotel injury claim once you’re back in Australia.

Contact Carter Capner Law for a free consultation. We’re here to help you recover compensation and peace of mind.