I received a head injury while on vacation at a large resort. do i have a case?

Bankruptcy and Debt 4 views 5 answers
I went to a resort in Cancun, Mexico with my family for a week long vacation. The first day of my trip (6-29-10) I slipped and fell and received a head injury which landed me in the hospital, 8 stitches and a cat scan later I was realease. This RUINED mine and my family's entire vacation and my head still hurts. I injured myself when I was stepping into a lagoon/pool on the property and slipped on the step, I grabbed the rail but it was not secured to the ground at all which caused my fall. When I was at the hospital other hotel guests took pictures of the defective rail and the resort employees trying to fix it, I have those pictures. Even though this resort is in Cancun, Mexico it's parent compay is AM Resorts which is based in Newtown Square, PA. I live in CA and want to know if I have

Attorney Answers

5
David Inpyo Lee ·
You definitely have a case. The question is, how much is it worth? You may want to visit a neurologist for a second opinion if your head still hurts. If you don't have any injuries, then you can write a letter to the parent company and demand reimbursement for any and all hospital bills. They should also, reimburse you for part or all of your vacation. Consult with a lawyer if you want to file a lawsuit against them. Even with 8 stitches, you should get some compensation for pain and suffering.
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Nima Taradji ·
You do have a cause of action if Mexico has personal injury laws similar to the US- for that you need to speak with an attorney who is well versed in personal injury laws of Mexico. If those laws are similar to the US, you have a cause of action because the property owner failed to provide a reasonable safe environment for its customers. I hope this helps- Nima Taradji http://personalinjuryattorneyz.com Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes and is only for issues arising under Illinois Law. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.
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Michele Pearson ·
Of ultimate importance is that you seek all the proper treatment for your injuries and follow all of the directions your health care providers give you. After that, the best advice I can give you is twofold. First, you should take the proper steps to insure you have protected your legal rights to actually file a cause of action. Second, you need to know that premises liability cases can be difficult to prove due to the requirement in most states of "notice" to the property owner. With regard to protecting your rights, you are doing the right thing in making the inquiry. I recommend that you contact your state Trial Lawyers Association or Association for Justice to obtain the name of a reliable and knowledgeable personal injury attorney in PA. The worst thing you can do is pass the time wondering and then losing the opportunity to be compensated for what happened. With regard to the notice requirement, and to the facts and circumstances in general, what happened after your fall (on the property) is less interesting than whether the resort knew or should have known of the loose railing that could have stopped your fall. But you should still save the pictures, get the names of witnesses, if you can, and take pictures of yourself during your recovery. This will help your attorney later on.
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Adam Sorrells ·
The other providers have given some good information, and I will not repeat the same here. I would just add that suing for something that happened in Mexico could be tough. I like the advice to start with a good lawyer in PA, but also look for lawyers that have experience in this area (maybe San Diego has some). By this area I mean suing cruise ships, vacation establishments, etc. Also, if you had travel insurance, it may cover some of this. Do not delay, seek legal advice immediately. Adam Sorrells Injury Lawyer in Chico Disclaimer: The above was not legal advice, and cannot be relied on. For informational purposes only. Time is of the essence, do not delay.
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Rivers Judson Morrell III ·
Yes you do have a case. However, as the others noted, slip and fall type cases can be difficult. First you need to prove that the area was dangerous, and that seems rather easy to prove based on what you have provided. However, you should have names and addresses of witnesses, and photos. Next you will need to show that the condition was either created by the hotel, or they knew about it, or that they should have known about it. If you can show that it was there a long time, then they should have know about it. With a head injury, you should be seeing a neurologist, and depending on your symptoms, you might need to see a neuropsychiatrist, particularly if you are having problems such as memory, forgetfullness, etc.
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