Hi, My girlfriend was walking by the pool at the Grand Bahia Resort in Runaway Bay, Jamaica, when suddenly a dart hit her in her leg. She bled and no immediate help was offered. The hotel staff had a dart board that was facing the pool; if something miss the board while throwing the dart, the dart would be heading towards the pool area. What legal action can she take against the resort?
While there might be legal fault by U.S. standards, your injuries likely insufficient for a personal injury lawyer (in the U.S.) to take on the case. It is very difficult to establish jurisdiction of the U.S. courts over a foreign resort. I have litigated several of these and can tell you that even U.S. named resorts structure their ownership to shield their foreign properties from our jurisdiction. Even when we can establish a connection, there are other issues, such as choice of law (which nations negligence standards apply) which make these cases exceedingly difficult.
Depending on how your trip was booked, or marketed to you, it is possible that a U.S. entity could be held accountable, but even that is very very difficult (for reasons which are beyond the scope of this brief reply).
I am not telling you there is not case to be made, but without significant injuries it will be hard to find a lawyer to take on the case. That being said, a lawyer may be able to get the resort to pay some nominal damages in order to make a customer happy and avoid the hassle of opening a claim. Good luck. Since there may be time limits of the foreign jurisdiction that could limit your claim, even in the U.S., I strongly suggest you immediately consult with a qualified personal injury lawyer in your area.
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