Written by Carter Capner Law

Updated on June 11, 2025

Resorts are designed for relaxation, but safety risks are more common than most travellers expect. From slipping poolside to food poisoning at buffets or falling from balconies, injuries at overseas resorts can have long-lasting impacts. If your trip was booked through an Australian travel agency, you may have a legal right to compensation. This guide explains the most common overseas resort injuries, how they happen, and what to do next.

Types of Injuries That Commonly Occur at Overseas Resorts

Injuries sustained during resort stays

Injuries at overseas resorts are often preventable. If you’ve suffered any of the following, you may be entitled to compensation under Australian law.

Slip and fall injuries

Pool accidents

Food poisoning

Excursion-related injuries

Burns from faulty appliances

Falls from balconies or stairs

What Causes These Accidents?

Most resort injuries result from one or more of the following:

  • Poor maintenance: Loose tiles, broken railings, poorly lit stairwells.
  • Negligent supervision: Unstaffed pools, lack of safety instructions for activities.
  • Hygiene failures: Contaminated food, unsanitary kitchen conditions, improper storage.
  • Lack of warnings: No wet floor signs, poor signage for hazards, undisclosed risks.

What to Do Immediately After a Resort Injury

  • Get medical attention

    Even minor injuries should be treated professionally and documented.

  • Photograph the hazard

    Document the scene, conditions, and any visible injuries as soon as possible.

  • Collect witness information

    Obtain names, contact details, and short statements if possible.

  • Report it to resort management

    Ensure an official incident report is filed — and request a copy.

  • Keep receipts and records

    Track all expenses — taxis, pharmacy, medical bills — they may be claimable.

  • Notify your Australian travel provider

    Send a brief email documenting the incident as part of your claim trail.

Can You Claim Compensation?

If your resort stay was arranged through an Australian provider like Flight Centre, Luxury Escapes, Inspiring Vacations, or Wendy Wu Tours, you may be eligible to file an overseas hotel injury claim under Australian law.

Eligibility often depends on whether the resort breached a duty of care and whether your booking formed a legal contract with an Australian entity.

Key Evidence to Support Your Claim

Evidence Type Examples
Photos & Video Hazards, injuries, poor lighting, unmarked areas, or food conditions.
Medical Records Hospital notes, diagnosis, treatment receipts from local and Australian clinics.
Witness Contacts Other guests, staff, tour guides who can confirm what happened.
Booking Docs Confirmation emails, terms and conditions from your travel agency.

Case Example: A Resort Slip-and-Fall in Thailand

Background: Emily, a 33-year-old from the Gold Coast, slipped on wet marble tiles at a luxury resort entrance. No signage warned of the danger. Her trip was booked through an Australian travel provider.

Outcome: Emily’s lawyer filed a compensation claim in Queensland. The agency’s insurer settled for her medical costs, lost wages, and pain and suffering.

FAQs – Resort Injury Claims

Is food poisoning really something you can claim for?
Yes — if it caused illness and your booking was through an Australian provider, you may have rights under the ACL.

What if the resort denies fault?
Your legal claim is often against the Australian agency — not the overseas hotel. We focus on their responsibility under consumer law.

Can I claim if the injury wasn’t reported on the day?
Yes — but evidence like photos and medical records will be even more critical. It’s best to report it as soon as possible.

Resort Injuries Deserve Legal Action

Injuries at overseas resorts can result in serious disruption to your health, work, and finances. If the resort was booked through an Australian agency, your rights don’t stop at the border. You may be entitled to compensation under Australian law.

Contact Carter Capner Law today for a free consultation on your case. We’ll help you understand your options and the next steps in pursuing your resort injury claim.