A British tourist is suing tour operator Tui for at least £200,000 after being paralyzed by a massive wave while swimming off the coast of Cape Verde .
Mick Collier , a retired lorry driver, claims he suffered crippling injuries because he was misled into believing it was safe to bathe.
While staying at the five-star Club Hotel Riu Funana with his wife Susan, the 73-year-old took a dip in the Atlantic off the coast of Santa Maria.
But the surf smashed into him, dumping him unconscious on the shore as 68-year-old Susan looked on in horror.
He spent five days in a Portuguese hospital after being airlifted out with a fractured neck and spinal cord injury.
Mick before the accident (Image: SWNS) It was a swimming horror (Image: SWNS) Now Mick's lawyers claim Tui should have prevented the March 2018 accident which left him with no movement below his neck
They argue that a yellow safety flag was flying on the beach - which the holiday reps told him meant "safe to swim".
But under Cape Verde rules, safety is indicated by a green flag, and yellow actually means bathing is barred.
Mick's lawyers Irwin Mitchell claim the beach should actually have shown a red flag, indicating "high hazard" under local rules.
Interviewed shortly after the accident, Susan, of Daventry, Northants, said: "One minute everything was fine and the next minute it was chaos.
"People were screaming for help and rushing into the sea. The next thing I remember was seeing Mick lying motionless on the beach.
"To see my husband like that was absolutely heartbreaking.
"Before the incident Mick was such an outgoing person who particularly liked golf and spending time with his family.
To even try and start to come to terms with how life has changed has been so difficult.
"The least we deserve is for Mick to be given the care and support he needs and for him to be back home with his family."
His statement of claim says the couple and three friends paid nearly £5,000
for the ten-day break, and were warned on arrival to follow the beach safety flags.
It accuses Tui of negligence, saying it allowed guests to go into the water when it was unsafe and failed to ensure lifeguards were on duty.
The papers say Tui negligently chose a hotel for clients which presented a hazard for sea bathers, and ignored Cape Verde's safety standards.
The statement says that during Mick's hospital treatment in Portugal and later Coventry, he suffered a number of cardiac arrests.
The father-of-three also needed surgery on his spine, skin grafts on his pressure sores, and treatment on his arms and suffered psychological harm.
His lawyers say the damages claim has no upper limit and that Tui's liability is implied in the booking conditions.
A Tui spokeswoman said: "We are sorry to hear of Mr Collier's experience in Cape Verde.
"As this is now a legal matter, it would be inappropriate to comment further.
"We'd like to reassure customers that we regularly audit all of our hotels in respect of health and safety, including hygiene."
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