The Summer Months Invite Vacation Travel, but Let’s Not Forget that Accidents Can Happen.
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Tragic accidents can happen when traveling out of the country: a child could drown in a hotel pool, a fall from a parasail could cause paralysis, or a taxi accident injures cruise ship passengers on a shore trip.
Resort operators, hotel companies and cruise lines do everything possible to reduce potential liability – that means including “standard” legal disclaimers in fine print at the bottom of a travel agreement. Unfortunately, many travelers skim right past it.
Disclaimers in a travel contract involve the “choice of forum”, which allows the hotel, resort or cruise line to choose the country where any potential personal injury, product liability or wrongful death lawsuit will be filed. That means if a serious accident occurs in The Bahamas, Mexico or Jamaica, the law of that country will apply to the case.
The reason: it is far more difficult to win such a lawsuit in an overseas court than in the U.S.
#1 - Read and understand everything in the documentation provided by the travel agency, resort, cruise line or other provider. These disclaimers are typically e-mailed in advance. If the travel agent does not send this information, the agency itself could face a liability issue if a problem occurs.
#2 - Upon arrival at the hotel, resort or cruise ship please read the check-in documents closely. If there is a “choice of forum” clause, draw a line through that clause and initial the document. This makes it tough for the travel operator to argue that you have agreed to initiate any legal action in a foreign country. It protects your rights and gives you a wider range of legal options should a tragedy occur out of the country.
Dependant on individual circumstances, an injured party could file a lawsuit in the U.S., improving the odds of a favorable jury verdict or financial settlement. After all, many travel providers are U.S. companies or have substantial U.S. operations or assets.
Travelers: Enjoy the summer, and read the fine print.