Accidents at Caribbean Resorts: Can I Sue?

The winter season can be gruelling in Canada. For that reason, many local residents enjoy warm and sunny getaways to the Caribbean starting this time of year. Although Caribbean resorts can provide a fun and exciting holiday at a reasonable price, when an accident occurs the ensuing medical and other costs can be enormous.

Injuries while boating, golfing, parasailing, scuba diving, swimming, or even just walking in the resort can occur if the property is not maintaining proper standards of cleanliness, training, or supervision. When accidents do happen, obtaining appropriate compensation can be very complicated. Many Caribbean resorts require guests to sign waivers and other documents upon check-in. These waivers may reduce or eliminate any right to sue the resort, in the event of an accident.

In addition, some guest registration packages contain a “forum selection clause” requiring any legal action to be brought in a specific jurisdiction or country chosen by the resort. Depending on the jurisdiction, this can effectively block any potential lawsuit against the resort, as not all countries recognize the right to claim compensation for injuries caused by negligence.

In the event of an injury at a Caribbean resort, it is important to contact a lawyer as soon as possible, to ensure that your rights are protected.

About the Authors

ADAM

Adam Little earned his undergraduate degree from the University of Toronto in 1996. He graduated from Queen’s University Faculty of Law in 2000 and was called to the bar in 2002. Adam was practicising on Bay Street for a leading Toronto litigation firm that represented doctors in medical malpractice claims when he realized that helping people through personal injury litigation was what he wanted to do. “I wanted to work for the best,” he said. A partner at Oatley Vigmond had written the best-known book available about addressing jury trials, which Adam had read and admired. He wrote to the partner, went through an intense interview process and became a partner at the firm in 2005.

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