In some situations is may be possible to bring a claim in a US court for an injury suffered abroad.
Getting seriously injured while traveling abroad can be extremely traumatic, especially if your family is not there to help you. You may feel lost and vulnerable as you try to negotiate the health care system—much less the legal system—in a foreign country where you may not even speak the language.
If your injury was caused by another party, you may be entitled to redress under the laws of the country where the accident occurred. However, you should definitely not overlook the possibility of bringing a suit in US courts, especially if your injury was caused by the actions of a tour operator or other company with a business presence in the US.
Here is how to tell if you might be able to use the US courts to make your personal injury claim.
Be Sure You Have Not Given Up Your Rights: Cruise lines, tour bus operators, travel agents, and other kinds of travel companies often try to limit their exposure on liability issues. They may do this in two main ways.
First of all, before allowing travelers to participate in semi-risky activity like zip lining, white water rafting, or even biking, the companies may expect travelers to sign a liability release. These releases typically either excuse the company from all responsibility for accidents or else limit the amount of damages that may be sought.
Secondly, bus and cruise companies may print a disclaimer on your ticket that serves a similar function to the liability release. In addition to limiting the responsibility of the carrier for accidents, ticket releases often specify that any claims must be brought up in a certain jurisdiction. By redeeming the ticket, you are agreeing to these stipulations.
Establish Jurisdiction: Assuming you still have the right to attempt to bring a claim in the US, you must figure out whether you can prove that a US court has jurisdiction over the party that caused your injury. This will require proving that:
- The defendant is physically present in the US
- The defendant does business in the US
- Minimum contact is maintained in the US
Because foreign companies can easily argue that it is inconvenient to travel to the US to defend against a personal injury claim, you are most likely to have success suing a US company that operates abroad. Any company that advertises to take customers abroad or facilitate any other aspect of travel abroad has willfully initiated “minimum contact” and could be compelled to appear in a US court.
Try to Settle First
Due to the complexities of suing for personal injuries suffered abroad, it is often preferable to seek an out of court settlement. Larger travel operators may be eager to offer you a settlement to avoid negative publicity. Be sure you have a qualified personal injury attorney review any offers before you accept.