You booked a resort getaway expecting rest, relaxation, and adventure — but ended up dealing with an injury instead. Now you’re wondering: can I claim compensation? If your trip was booked through an Australian agency and the injury was caused by unsafe conditions, the answer might be yes. This guide helps you work out if you’re entitled to make a claim — and what to do next.

Quick Quiz: Do These Apply to You?

Ask yourself the following questions. If you answer “yes” to several, you may be eligible to make a resort injury claim:

• ✅ Was your resort, tour, or package booked through an Australian travel provider?
• ✅ Was the injury caused by something preventable — like a hazard, faulty equipment, or lack of signage?
• ✅ Did you seek medical treatment during or after the trip?
• ✅ Have you experienced lost income, medical costs, or reduced enjoyment of your holiday?
• ✅ Do you have photos, reports, or witness details to support what happened?

If so, it’s worth speaking to a lawyer — your claim may be stronger than you think.

Key Factors That Determine Your Entitlement

1. Booking Through an Australian Provider

If you booked your resort or tour package through an Australian travel agency (e.g. Flight Centre, Luxury Escapes, Inspiring Vacations), your booking is protected by the Australian Consumer Law (ACL). This allows you to make a claim locally, even if the injury occurred overseas.

2. Resort Negligence or Unsafe Conditions

The injury must have resulted from something the resort failed to manage — such as unmarked hazards, broken infrastructure, or poor safety practices. If the incident could have been prevented, you may be able to claim.

3. Documented Medical and Financial Impact

Compensation claims are based on actual loss. This includes medical bills, time off work, missed experiences, and ongoing pain or limitation. The more documentation you have, the easier it is to prove.

What If You’re Not Sure?

You’re not alone. Many people don’t realise they’re eligible until they speak to a lawyer. Common misconceptions include:

• “I didn’t complain at the time, so I can’t claim.”
• “It was partly my fault — I probably can’t do anything.”
• “I used travel insurance, so I thought that was the only option.”

At Carter Capner Law, we help people like you understand their rights and assess their eligibility — for free. Even if you only have part of the evidence, we can help fill the gaps.

Checklist: Signs You May Be Eligible to Claim

FAQs – Am I Eligible to Claim for a Resort Injury?

What if I didn’t report the injury to the resort at the time?
That’s okay — claims can still proceed. Other forms of proof like medical records, photos, and receipts are often enough to support your case.

What if I accepted an apology or credit from the hotel?
You can still claim compensation if the apology or credit didn’t fairly reflect your financial or emotional loss. We can assess this for you.

What if I was partly at fault?
This is known as contributory negligence. It doesn’t necessarily prevent a claim — but it may reduce the amount you receive. We work to minimise any reduction.

Unsure? That’s Exactly Why We’re Here

You don’t need to know the law inside-out — that’s our job. If your overseas resort holiday ended in injury, and it impacted your health, finances, or experience, we’ll help you find out if you’re entitled to compensation.

Contact Carter Capner Law today for a free case review — or visit our
Overseas Travel Injury Lawyers page for more information.