Personal Injury: Accidents on Vacation
Unfortunately, vacation injuries are quite common, and these types of injuries tend to increase as the weather gets warmer. You often engage in more physical activities on vacation than you otherwise would, such as water skiing, visiting theme parks, and taking cruises. This increase in activity can also increase your likelihood of being injured.
Even if you have been injured outside of your state or local area, you can still assert a personal injury claim for injuries sustained if the injuries were due to someone else’s negligence. The question becomes: where should you assert your legal claim? Often, the answer is that you need to initiate your case in the state where you were injured.
Waivers and Lawsuits
You often rely on other people’s equipment and expertise when you are on vacation, which presents unique legal issues. You may be required to sign a waiver before you engage in certain activities as well. However, these waivers do not necessarily undermine your legal claim. A personal injury attorney will be able to assess your situation and determine whether you have a viable legal claim.
If you sign a contract or waiver before engaging in an activity, you may have also agreed to initiate a personal injury claim in a specific jurisdiction. This contractual language is known as a “forum selection clause,” and many businesses use it so that they can control where lawsuits should be asserted. Usually, the forum will be wherever the company’s corporate office is located. In some situations, that could be in a far away state.
Injuries at Amusement Parks
According to the Center for Injury Research and Policy, roughly 20 children or teens are treated in the U.S. in emergency rooms each day due to amusement ride-related injuries. The most common injuries are to the head and neck. Although amusement parks have strict rules and regulations that they must follow to comply with local and federal laws, they cannot prevent all injuries from occurring.
If a child or adult injures themselves due to the carelessness of an amusement park employee, they may have a legal claim. You may need to file your lawsuit wherever the injury occurred, even if it occurred out of state.
Cruise Injuries
If your injury occurred while you were on a cruise, you might be able to assert that the cruise employees did not competently or carefully do their job, and that resulted in your injury. Most cruise companies will require that you sign a contract that indicates where you will bring your claim if you are injured.
This agreement is particularly relevant for cruise companies because your injury may very well have actually occurred in the middle of the ocean or in a foreign country. That means that just because your injury actually occurred while you were docked in the Bahamas does not mean that your legal options are limited.
Getting Legal Help
Vacation injuries can be tricky because of the unique contracts that may apply and the various locations that the damage may occur. You should discuss the matter with an experienced personal injury lawyer before you assume that there is nothing you can do. Call Williams Elleby Howard & Easter today to schedule a free case evaluation.
