Indian family wins compensation from UK hotel

Kalyani Uthaman was on holiday in Scotland in August 2012 when she was scalded at the Premier Inn in Newcraighall. She suffered multiple organ failures and died in hospital weeks later.

Her Bengaluru-based family had sued Whitbread, the owners of the hotel, to recover the six-figure sum involved in hospital fees but the hotel said it was not responsible for the "isolated incident".

However, the family's lawyer argued that the hotel had failed in its duty of care by not fitting a thermostat to regulate water temperature in the shower.

The argument seems to have now been accepted by the hotel, leading to a settlement this week.

"I feel vindicated in the sense that a settlement is an acknowledgement by Whitbread that they did wrong," Sundar Uthaman, the son of the deceased, was quoted as saying by BBC from Bengaluru.

"I'm still angry at what they did and the fact it wasn't until Thompsons Solicitors raised the court proceedings that they issued an apology. I would also bring to attention that nobody spoke to me and my family regarding what happened," he said.

"So I really feel disappointed. The settlement has prevented the evidence being heard in court. I would really like this to be discussed in the court to make sure such a tragedy never happens to anyone else," he added.

A spokesperson for Premier Inn said the hotel was sorry for the "tragic accident".

"We take millions of bookings every year and we would like to reassure our guests that this was an isolated incident. We constantly monitor and regulate the water temperature of our showers in line with industry best practice, which is based on Health and Safety Executive (HSE) regulatory guidance and NHS (National Health Service) health care guidelines," the spokesperson added.

Glenn Miller, of Thompsons Solicitors, said he believed there was a case in common law that the hotel did not look after Kalyani Uthaman properly.

"They failed in their duty of care to Mrs Uthaman, who was having a shower.

She should have been protected by a thermostatic mixing valve had a code of practice been followed," he said, adding that he was disappointed that a fatal accident inquiry was not conducted in the case by the authorities.

A Crown Office spokesperson said: "The family of Kalyani Uthaman were informed, in January 2014, of the decision not to hold a fatal accident Inquiry. The incident was fully investigated by police, the council and health and safety experts… To hold such an inquiry would not be in the public interest."