If my wife had a fall and broke her ankle in the shower at a resort that is out of the country but the company that owns the resort is in the US, can we still sue?
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If my wife had a fall and broke her ankle in the shower at a resort that is out of the country but the company that owns the resort is in the US, can we still sue?
Asked on October 23, 2015 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If it is the same company, you could sue; if it's the parent of a different company and the different company is the one that owns the resort, you could not. (A parent company is not liable for accidents on its subsidiary companies' properties.)
But why are you suing? The fact that your wife fell and broker her ankle in the shower does *not* mean that the resort is liable. They are only liable if at fault--for example, if your wife fell because housekeeping had left a bar of soap on the floor, and she slipped on that, or tripped on loose or broken tile. But if the resort were not at fault--if your wife fell without the resort doing anything wrong--they are not liable.
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