Accident in Turkey? What a Local Standards Report Is and Why Your Claim Needs One
Turkey is one of the most popular holiday destinations for UK travellers. Sadly, some holidays end with a serious accident, such as a fall into an uncovered hole, a slip beside the pool or an injury from broken hotel equipment. If the holiday was a package, the injured person can often claim in England against the tour operator. But to win, they usually need a local standards report for Turkey. This guide explains what that report is and why it matters so much.
Who can you claim against after a holiday accident in Turkey?
If you bought a package holiday, for example flights and a hotel together from one UK company, the Package Travel and Linked Travel Arrangements Regulations 2018 make the organiser responsible for the proper performance of all the travel services in the package. That includes services provided by the hotel in Turkey.
This means you can often bring a claim in the courts of England and Wales against a UK company, rather than suing a hotel in Turkey. Holidays booked before 1 July 2018 are covered by the older Package Travel Regulations 1992, which work in a similar way.
If you booked the hotel yourself, a claim against the hotel may have to be brought in Turkey under Turkish law. In that case you will need advice from a Turkish lawyer.
What is a local standards report?
A local standards report is an expert report that tells the court:
what safety rules applied in Turkey to that place and that hazard
which rules were in force on the date of the accident
whether the hazard met those rules
what a reasonable hotel in Turkey would normally do in practice
It is usually prepared by a Turkish lawyer or safety expert. For use in English proceedings, it must comply with CPR Part 35.
Why are local standards so important?
The tour operator does not promise that nothing will go wrong. It promises that the services will be provided with reasonable skill and care. The courts have decided that, in most cases, reasonable care is measured by the standards that apply in the country where the accident happened, not by UK standards.
Wilson v Best Travel (1993)
A guest was badly injured when he tripped and fell through a glass patio door at a hotel in Greece. The glass did not meet British standards, but it did meet Greek standards. The court held that the tour operator was not liable, because the hotel had complied with local safety rules.
Lougheed v On the Beach (2014)
A guest slipped on wet stairs at a hotel in Spain. The English Court of Appeal confirmed that the claimant generally needs evidence of the local standards to show that the hotel fell below them.
TUI v Morgan (2020)
In this case the High Court made an important point. Local standards evidence is not always needed. Where the claim is about a failure of care in running the hotel, rather than about how something was built, the court can decide what reasonable care required without detailed regulations. Even so, most practitioners still obtain a local standards report, because it is often the strongest evidence available.
Article 17 of the Rome II Regulation, which is part of UK law, also says that the court must take account of the rules of safety and conduct in force at the place of the accident.
What does a local standards report look at?
A good report does not stop at one regulation. It looks at every source of standards that may apply.
National and local health and safety laws
In Turkey, this includes the Occupational Health and Safety Law No. 6331 and its regulations, such as the rules on workplace buildings, safety signs and risk assessment. For pools, the Ministry of Health's swimming pool regulation sets requirements on lifeguards, lighting and inspection.
Building codes and inspection regimes
These include zoning and building permit rules, the occupancy permit issued when a building is finished, and inspections by licensed building inspection firms. Turkish and European standards published by the Turkish Standards Institution (TSE) may also be relevant, for example on pools, stairs, glass, lighting and access covers.
Tourism regulations
Licensed hotels in Turkey must meet the Tourism Facilities Regulation. It covers things like certified lifeguards at pools, safety signs in Turkish and at least two foreign languages, slip resistant surfaces around pools, and regular maintenance of all installations.
Customary practice and industry norms
Sometimes there is no written rule for a particular hazard. Then the report explains what hotels in Turkey customarily do and what industry guidance expects, such as covering openings with fixed, lockable hatches, keeping walkways lit at night, and carrying out regular safety checks.
An example: an unlit step on a hotel terrace
Imagine a guest walks from the restaurant to their room at night. The path crosses a terrace with a single step down. The step is not marked, and the lights on that part of the terrace are not working. The guest misses the step and breaks an ankle.
A local standards report would explain what Turkish workplace and building rules say about level changes, marking and lighting, what the tourism rules say about maintaining installations and keeping guest areas safe, and what hotels in Turkey normally do in practice, such as contrasting edge strips and regular checks of outdoor lighting. The court can then decide whether the hotel fell below the local standard.
What makes a report CPR Part 35 compliant?
The report must meet the rules in CPR Part 35 and Practice Direction 35. In summary, it must:
set out the expert's qualifications
summarise the instructions received
list the documents and photographs relied on
say which facts are assumed
explain the standards and give reasoned opinions
include a declaration that the expert understands their duty to the court
end with the statement of truth
The court's permission is needed before a party can rely on the report. The other side can then put written questions to the expert, normally within 28 days.
What information does the expert need?
To prepare a useful report, the expert usually needs:
the exact date, time and place of the accident
clear photographs or video of the hazard, with measurements if possible
the injured person's account and any witness statements
the hotel name and booking documents
any accident report made at the hotel
the letter of claim and the tour operator's response
The earlier you gather this evidence, the better. Photos taken on the day are often the most valuable.
Frequently asked questions
Do I always need a local standards report?
Not always, following TUI v Morgan. But in most hotel accident claims it is the key evidence, and without it the claim may fail.
Can the report be based on photographs only?
Often yes. The expert gives an opinion on the standards based on the documents and photographs provided. If measurements or testing are needed, a site inspection may be arranged separately.
How long do I have to make a claim?
For personal injury claims brought in England and Wales, the usual time limit is three years from the date of the accident. Some claims have different time limits, so get advice early.
Who pays for the report?
Usually the party who instructs the expert pays first. If the claim succeeds, reasonable expert fees may be recovered from the other side, subject to the costs rules.
Can a local standards report help the tour operator?
Yes. Defendants also use these reports to show that the hotel complied with local rules. The expert's duty is to the court, whoever instructs them.
Need a local standards report for Turkey?
Canko Law Firm prepares CPR Part 35 compliant local standards reports on Turkish health and safety law, building codes, tourism rules and industry practice. Find out more about our local standards report service or email your photographs and instructions to info@canko.co.uk.
About the authors: Can Canko is a Solicitor in England and Wales and an Attorney at Law in Turkey (Istanbul Bar). Pınar Canko is an Attorney at Law in Turkey and a Foreign Qualified Lawyer regulated by the Solicitors Regulation Authority.
This article is general information, not legal advice. It reflects the law on the date of publication.
