Spring break always brings renewed attention to the potential risks of traveling abroad. At this time of year, as they plan vacations and international trips, many folks are wondering:

“What are my rights at a foreign resort? A hotel abroad? An Airbnb?”

If that sounds like you, you’re not alone. Read on so you know what to watch for and how to react if something unexpected happens during your stay, courtesy of the team at Mark W. Smith & Associates.

Understanding Premises Liability – It's Not Just for Home

If you're injured due to a hazard on someone else's property (a hotel, resort, restaurant, shop, tourist attraction, etc.), you may have a legal claim, even if you're far from home!

The concept of "premises liability" – the legal responsibility of property owners to maintain safe conditions for visitors – exists in many countries, though the specific laws and procedures vary widely.

Common Types of Premises Liability Injuries Abroad Include:

• Slips, Trips, and Falls: Wet floors, uneven surfaces, poorly lit stairways, and cluttered walkways are common culprits.
• Swimming Pool Accidents: Drownings, near-drownings, and injuries due to inadequate safety measures.
• Balcony and Stairway Accidents: Falls from balconies or stairs due to faulty railings or poor maintenance.
• Food Poisoning: Illness from contaminated food or water at a restaurant or hotel.
• Assaults and Security Issues: Injuries resulting from inadequate security measures at a hotel or other establishment.
• Elevator and Escalator Accidents: Malfunctions can occur at any property, not just hotels, and can cause serious injuries.

Steps to Take After an Injury Abroad:

1. Seek Immediate Medical Attention: Your health is the top priority. Get the necessary medical care, even if it means going to a local hospital or clinic. Keep detailed records of all medical treatment and expenses.
2. Report the Incident: Report the injury to the property owner or manager as soon as possible. Obtain a written incident report if possible.
3. Document Everything:

• Take Photos/Videos: Photograph the scene of the accident, the hazard that caused your injury, and your injuries.
• Gather Witness Information: Get the names and contact information of anyone who witnessed the accident.
• Keep Records: Keep copies of all medical records, bills, incident reports, and any communication with the property owner or manager.

4. Contact Your Travel Insurance Company: If you have travel insurance, notify them of the incident and your injuries. They may be able to provide assistance with medical expenses, legal referrals, and other support.
5. Do Not Admit Fault or Sign Anything: Do not discuss responsibility for what happened to you, and get legal assistance before signing any documents.
6. Consult with an Attorney (Upon Returning Home): Once you're back home, consult with a personal injury attorney.

The Challenges of International Claims

Pursuing a legal claim for an injury that occurred abroad can be significantly more complex than a domestic case. Determining which country's laws apply, why, and where a lawsuit can be filed is complicated, to say the least. And even if you win a judgment, collecting damages from a foreign defendant can be difficult.

If you’re injured in Louisiana, things are far simpler. Just get in touch with us and start on the path toward compensation today!

Contact the team at Mark W. Smith & Associates, Attorneys at Law, by simply calling our Metairie office at 504-224-8388. You can also contact us online. We accept all claims cases on a contingency basis, and there is no fee unless your claim is approved for payment. We look forward to assisting you!