A woman is suing travel company TUI for £560,000 after her husband was killed whilst out on a snorkelling excursion during an all-inclusive Caribbean holiday.
The coroner ruled that Roy Fawcett died from ‘accidental drowning on a poorly monitored holiday excursion’ whilst he was away on Paradise Island near to the Dominican Republic in October 2017.
The accident occurred just two days before the couple were set to fly back to the UK.
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Whilst his wife Susan stayed in the shallower waters, Roy went off with a group of other snorkelers for an advanced lesson in deeper water.
He never came back with the rest of the group, and was discovered later ‘floating face down in the water and not moving’.
Mr Fawcett was rushed off to hospital, but was pronounced dead some time later.
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In 2018, the coroner ruled that 'there were question marks about the level of supervision’ and added that 'the organisers did not really know what to do.'
Susan is now suing TUI at the High Court in London, claiming that they are ultimately responsible for her husband’s death.
The company disputes her claims that they are at fault, and also deny any responsibility for the planning of the excursion.
Mrs Fawcett’s lawyers say that her husband was inadequately prepared for the lesson and was left unsupervised.
Barrister Andrew Young said that the dive supervisor 'took no action other than raising the alarm (with a colleague) who was at that time travelling from the excursion catamaran to the island shore and went to investigate'.
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Whilst he was then taken back to the mainland via a speedboat, Mrs Fawcett claims the staff failed to call an ambulance for him, an act she describes as negligent.
Two other snorkellers are suing TUI after they watched his last moments alive and tried to help whilst he died.
29-year-old Jamie Elkaleh put Mr Fawcett into the recovery position and freed up his tongue whilst he was laid out on the beach, court documents state.
Both have been left with mental health issues including PTSD and ‘acute distress disorder’ by the ordeal, it is claimed.
The ordeal also took a huge toll on Mrs Fawcett, the court heard.
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Young said: “She witnessed at very close hand her husband's body being brought back to the island shore and the incompetent efforts made to rescue and resuscitate him,
“She accompanied him in the speedboat back to Punta Rucia when further incompetent efforts were made to resuscitate him, and in the pick-up truck to the local hospital when no more resuscitation efforts were made.
“On arrival at the hospital, she was separated from him for a short time and was then told that he had died.”
He added: “Mr Fawcett wasn't given sufficient guidance or training in how to use his equipment, he was not properly supervised when he was doing the snorkelling, and when it was realised that he had been taken ill and needed assistance, that was incompetently carried out.
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“We say that the excursion provider, and therefore indirectly TUI, were responsible for his death.”
A date has yet to be set for the full trial.
LADbible has contacted TUI for a comment.
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