Summer is the season for vacations, and booking a vacation through a tour company is an extremely popular form of vacationing without the hassle of planning. When planning a vacation, most people focus on the positive: the Instagram pictures they’ll post, activities they’ll do, and food they’ll eat. Nobody thinks about the possibility that they could get injured on vacation, but injuries on vacation do happen. What happens if you’re injured on a vacation you book through a tour company? Can you sue the tour company?
Proving the Tour Company is at Fault
Whether or not you can sue the tour company will depend on whether you can prove the tour company caused your injury. Generally, you will need to show that the tour company acted negligently. Proving negligence requires establishing: 1) that the tour company owed you a duty; 2) they breached this duty; 3) this breach was both the actual and proximate cause of your injury; and 4) that you suffered an injury as a result of this breach.
Breach of Duty
There are many ways a tour company can breach its duty to tour participants, like if the transportation the tour company provides, such as a tour bus, boat, or Segway, has not been maintained. The tour company could negligently operate its transportation, resulting in an accident that harms passengers. Or the company can fail to keep tour participants safe during a tour activity, like if a tour participant is injured during a wilderness hiking adventure.
Cause of Harm
Demonstrating that the breach of duty caused your harm can be done in many different ways. It’s particularly helpful to identify witnesses who can support your claim, and it’s also helpful to have medical records documenting your injury. If you are injured and haven’t already done so, make a list of those who were present at the time the injury occurred and organize copies of any medical records showing treatment for your injuries. This information is critical to establishing your claim.
Can I Sue the Tour Guide or the Company?
You may be able to sue both, depending on the nature of your injury. Companies can be vicariously liable for the acts of their employees under certain circumstances. Generally, companies can be held liable for acts of their employees when the employee is acting within the scope of their employment. For example: if you are injured while grabbing drinks with a tour guide after the tour is over, you may not be able to sue. Tour companies are generally not liable for the acts of independent contractors, who are individuals affiliated with the employer that the employer does not have a right to control. For example: if a tour company contracts with individuals who coordinate and give walking tours of their choice of a city, you may not be able to sue the company if you are injured on that walking tour.
What Should You Do if You Are Injured on Vacation?
A vacation is supposed to help you make good memories, not cause you pain and suffering. The personal injury attorneys at J&Y Law have experience with personal injury cases and are ready to help you determine your options. Contact J&Y Law today to learn more.