What Laws Apply and Where Can I Sue if I Get Injured on Vacation?
When someone is injured on vacation or in a foreign country, the laws of that country apply to determine whether that person has a right to sue an at-fault party, as well as the damages that the injured person is entitled to recover. It goes without saying that the laws of most countries are very different from the laws of Ontario. In addition, our Ontario automobile insurance policy does not protect us for accidents that occur outside of Canada and the United States. This means if you are injured in a car, bus, or motorcycle accident in a foreign country (other than the U.S.), the only way to recover damages is if the laws of that country allow you to do so.
The best way to protect ourselves against the cost of unexpected emergencies is to purchase travel insurance. We can also check to see if the credit card used to purchase the travel package offers travel insurance.
Normally, when someone is injured in a foreign country, they would have to sue in a court of that country. There are very limited situations where a person injured outside of Ontario is allowed to sue in an Ontario court. There is a strict legal test that applies to determine whether that person has a right to sue in Ontario. If you or a loved one have been seriously injured on vacation or in a foreign country, it is very important to consult an Ontario lawyer promptly to determine whether you have a right to sue in Ontario.
About the Authors
Ben enjoys the complexities of personal injury litigation and finds the cases that require creative thinking the most gratifying. His practice is exclusively devoted to representing clients with brain injuries, spinal cord injuries, and severe orthopaedic injuries.