QUESTION

Can I hire an injury attorney in if I am a Canadian citizen and the accident happened during my travel?

Asked on Sep 03rd, 2013 on Personal Injury - Louisiana
More details to this question:
I traveled with a well-known travel company for a 16-day travel package. In the second day, I had an accident in the restaurant chosen by the travel company. It was negligence. Can I sue the travel company?
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15 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Think friend. Where did this happen. Does not make any difference what kind of citizen you are. the thing that makes difference is where it happened and what happened.
Answered on Sep 05th, 2013 at 12:28 PM

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You can retain an attorney, regardless of your citizenship and the nature of your claim. However, before spending any money, you have to to understand whether the travel company is, in fact, liable for the harm you suffered. Assuming that you are right, and your injury was a result of someone's negligence, the likely scenario that it was a worker of the restaurant. If so, the restaurant is likely liable. But the travel company will not be liable only because they chose the restaurant - the travel company's liability will arise ONLY IF a) exactly this kind of negligence had occurred at the particular restaurant in the past, AND b) the travel company had actual knowledge, or could reasonably be expected to know, about the negligence, its recurrence, and the harm it caused. For example, imagine that an innocent bystander gets hurt in a bar fight because there were no bouncers or any kind of security personnel and the management did not call the police until the fight turned into a riot. The victim can sue the bar. But he can prevail in a law suit against the travel company that brought him to that bar only if he can show that a) in the bar, fights happened before, but the management did not hire bouncers or any security personnel, AND b) the travel company knew about it, or should have known (say, a client of the company was hurt in one of the fights; or there were several lawsuits against the bar; or the bar is notorious for the fights locally, etc.) Unless you can show that you were hurt because the travel company failed to do what it was reasonably expected to do, you cannot prevail on a negligence claim against the travel company just because they brought you to a place where a third party's negligence caused you harm. An attorney will help you determine whether you have a viable claim, and, if you do, against what parties it should be stated.
Answered on Sep 05th, 2013 at 7:39 AM

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Ronald A. Steinberg
You have to sue the restaurant, and you have to sue it in the city/county where it does business. If you can prove that the restaurant has a history of harming people, then you may be able to sue the travel company.
Answered on Sep 04th, 2013 at 1:14 PM

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Was the negligence on the part of the travel company or on the part of the establishment? You may be looking in the wrong direction.
Answered on Sep 04th, 2013 at 1:08 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You may be able to sue the restaurant. I do not believe the travel company would be liable for the restaurant's negligence.
Answered on Sep 04th, 2013 at 1:01 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Who was negligent? How do you know it was negligence? How did the accident happen? Were you injured? What country did this happen in?
Answered on Sep 04th, 2013 at 12:35 PM

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James Eugene Hasser
You can hire one being a Canadian citizen is not an impediment. But, from what you've described I don't see any liability on behalf of the travel agency.
Answered on Sep 04th, 2013 at 11:59 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Sure and he (or she) can probably get some compensation for you, on top of being able to hire such an attorney.
Answered on Sep 04th, 2013 at 11:12 AM

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Thomas Edward Gates
What did not travel company negligently do? Depending on the accident, you would sue the restaurant. It does not matter whether you are a Canadian citizen, a US attorney can represent you.
Answered on Sep 04th, 2013 at 11:05 AM

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NA richard@jandjlaw.com
Accident occurred in WA? If so, sure. Venue is in the county where the acct occurred or in the county of residence of the at fault driver.
Answered on Sep 04th, 2013 at 10:47 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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In Michigan there has to be some negligence for a liability claim to have a chance at succeeding. If the travel companies only act was to suggest the restaurant, and if they didn't create some hazard or didn't know the restaurant had a history of negligence, then it is difficult to pin liability on the travel company - but one would need to know the facts involved to make that determination. Certainly if the restaurant itself, or it's employees, were negligent, there would be a colorable claim vs. them, but in Michigan there is the open & obvious defense that defeats the duty in many premises cases - again, without facts of the incident, no one can offer much info., except generalities.
Answered on Sep 04th, 2013 at 10:39 AM

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You would need to show how the travel company was negligent. It sounds like your first target should be the restaurant.
Answered on Sep 04th, 2013 at 10:28 AM

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Read your travel contract first and then consider trying to hire a lawyer. I say try because it will depend on how serious your injury. And you being a Canadian citizen you will have to pay a cost retainer to assure the lawyer that you will cover the litigation expenses. After all you don't live in this country so you are beyond the normal channels for cost reimbursement.
Answered on Sep 04th, 2013 at 10:28 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You can try, but I will bet that you signed a release exempting them from liability. Also, there is probably a provision in the terms and conditions requiring you to sue them some place very inconvenient for you. However, you can sue the restaurant. You will need to sue where the accident happened, so get an attorney there.
Answered on Sep 04th, 2013 at 10:27 AM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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Yes, but sue the restaurant.
Answered on Sep 04th, 2013 at 10:26 AM

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