What to do if while in Mexico a family member fell down the stairs and broke their hip?
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What to do if while in Mexico a family member fell down the stairs and broke their hip?
A representative from the resort came to the hospital and told is they would take care of everything (I have him on tape saying this). Later, after finding out she needed hip surgery, he stated that we would need to put a claim in with their insurance company. However, he failed to give me the name of the company. After paying 25K in cash for her surgery and returning to the states, they will no longer answer our emails. We can’t find an attorney in our area who will take the case because it happened in Mexico. Any suggestions?
Asked on September 12, 2014 under Personal Injury, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If the resort is part of a U.S. chain, you may have recourse, because then there is a domestic entity to sue and collect against. If the resort is just in Mexico, however, you may have to write off recoving the money:
1) You'd almost certainly have to sue in Mexico (insufficient U.S. contacts for domestic jurisdication), which means a Mexican attorney, the Mexican legal system (widely considered corrupt and inefficient), and having, if it goes to trial, to spend money and time on travel to Mexico.
2) Great chance of losing: they have the home-field advantage and are a local employer.
3) Even if you win, it may be essentially impossible to collect.
Furthermore, it's not even clear that you'd be entitled to win, anyway. A resort is not the insurer of its guests; it is generally only liable (at least under U.S. and UK law, and I believe similar principals would apply in Mexico) if at fault in some way--e.g. an unsafe or broken set of stairs. If the resort had no fault in the fall (the family member just happened to fall, slip, or trip, as people sometimes do), they would not seem to be liable.
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