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Out Of Country Injuries

Traveling out of the country to take a break from work or nasty winter weather is usually an exciting and refreshing experience. However, accidents can occur anywhere. The injured traveler would be surprised to learn of the many difficulties faced when attempting to recover financial compensation for his or her losses. The standard of care varies from country to country. Bringing a claim against a hotel/resort or medical practitioner can come with many unforeseen roadblocks.

Some countries prohibit personal injury claims altogether; while others adopt a very short time period during which a claim can be made. It is important that travellers consult a local lawyer as soon as possible. The lawyer should be well-versed in the personal injury compensation system in that jurisdiction.

In certain circumstances it is possible to sue a foreign hotel/resort in Ontario for an injury sustained out of the country. The court will look to see if certain criteria are present in deciding whether to assume jurisdiction. This criteria was set out by the Supreme Court of Canada in the decision of Van Breda v. Club Resorts Ltd. As a side note, there are also difficulties in claiming against tour providers or operators located in Ontario. Though they may operate in the province, they are seldom found liable for these types of incidents as they typically have no control over the hotel or resort.
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