It is the middle of August and summer is almost gone, yet millions of Americans are still vacationing all across the world. Sightseeing, eating local foods, partying and drinking margaritas, taking like-able Instagram snaps… A well-planned vacation can create limitless memories, and these memories will stay with you for the rest of your life.
Unfortunately, when people are on vacation, they rarely think about the possibility that they could get injured. Because vacation is supposed to be the fun time, right? And anybody who thinks going hiking after three shots of vodka is not a good idea is a “downer.”
But let’s face it, whether you want it or not, injuries on vacations do happen, and sometimes you have little to no control over it. But can your tour company be held accountable? If your vacation is booked through a tour company, does it mean that this tour company will be held liable for any injuries sustained during the vacation? “Not really,” says our San Diego personal injury attorney from the Law Office of Edward J. Babbitt, APC.
How to sue the tour company for your vacation injuries?
While it is possible to sue the tour company for your vacation injuries in some cases, you will have prove negligence or recklessness on the part of the tour company or its employees in order to successfully recover damages in your personal injury claim. “But how do I prove that the tour company was at fault for my injuries when its office is thousands of miles away from the location where I was injured?” you may think.
Our personal injury attorney in San Diego explains that in order to sue the tour company for your injuries sustained during a vacation, you will have to establish four elements:
- The tour company owed you a duty of care (this one can be established by showing the tour documents signed between you, the tour participant, and the tour company);
- The duty was breached by the tour company or its employees’ negligence or recklessness;
- That negligence or recklessness was the actual or proximate cause of your injury during a vacation;
- You suffered damages as a result of the injury.
Situations in which you can tour companies are held liable for your injuries
Establishing breach of duty can be quite tricky when dealing with tour companies as it is often not immediately clear what duties are being owed to vacationers. For example, you may be able to hold the tour company liable if the transportation it operates, provides and has control over was not properly maintained (think: a tour bus, boat, car service, etc.).
Or let’s imagine that a tour bus driver negligently operated the vehicle owned and controlled by the tour company, which resulted in a bus accident and you suffered injuries. In that case, you may be able to sue the tour company as employers are vicariously liable for the negligent acts of their employees in California when employees are acting within the scope of their employment.
But what if you get injured during an activity provided by the tour company, such as hiking? Depending on the nature of your particular vacation accident, you may be able to sue the tour company if the company failed to keep its tour participants safe during the tour activity.
“While it is true that a tour company can be held liable for the acts of its employees, it does not mean that you will be able to sue the tour company if you get injured while grabbing drinks with a tour guide after the tour,” explains our San Diego personal injury attorney.