QUESTION

Who is responsible for my injuries and why?

Asked on Apr 30th, 2015 on Personal Injury - California
More details to this question:
I was at a resort in Mexico where I was injured because of the negligence of subcontractors and staff members. My children even witnessed the injury and are still very traumatized. I put in a complaint with the US headquarters of this resort. Who is actually responsible? The foreign resort, the foreign workers, or the headquarters? Is it usually pretty difficult to get fair compensation in a case like this?
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7 ANSWERS

James Eugene Hasser
Mexican law is tricky and complicated. Consult a local experienced injury lawyer and they should associate Mexican counsel. Good luck.
Answered on May 01st, 2015 at 11:18 PM

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Edwin K. Niles
Sorry, but I cannot ethically advise on Mexican law. I am only licensed in Cal.
Answered on May 01st, 2015 at 11:16 PM

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The employees or subcontractors appear to be responsible because, as you tell it, they 'caused' the accident. In America the general rule is what's called 'responde at superior,' meaning, 'let the boss answer.' That is, the employer may be held liable for the acts of its employees (but only sometime for the negligence of subcontractors). Contact an experienced personal injury lawyer who can provide you with detailed advice and representation. Good Luck.
Answered on May 01st, 2015 at 10:55 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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It is nearly impossible. Unless your injury and expenses are significant, you will have great difficulty in finding an attorney in Mexico to handle the claim. I have no experience with the Mexican civil justice system, but I suspect it is corrupt and pursuing your claim will be nearly impossible. There probably is a lawyer in the resort town who speaks impeccable English who can possibly tell you whether you should consider yourself lucky and let it go. Mexico-FULL OF SURPRISES used to be their tourism slogan. Still true. Good luck.
Answered on May 01st, 2015 at 12:04 PM

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Ronald A. Steinberg
Interesting question. You need a lawyer local to where you live to give an exact answer. It COULD be argued that you entered into a contract with the resort from your home. Under Michigan law, you would probably be able to sue the headquarters in Michigan, either in State court or in Federal Court under our "long arm" jurisdiction. Otherwise, you might have to get a Mexican lawyer and sue down there. Lots of luck!!
Answered on May 01st, 2015 at 8:46 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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When you use the word "negligence" that is a legal conclusion. You may have facts to support that conclusion and you might indeed be correct in arriving at that conclusion, but in order to have a valid claim, you need proof and that takes evidence. Maybe you have that too. Since this happened in Mexico, the situation is bound by Mexican law, so you will need a lawyer licenced in that country. BTW, how do you know they were foreign workers? If they were Mexican, in Mexico, then they weren't foreign. Don't forget, YOU are the foreigner in this situation. The people who caused the injury are responsible. Whether anyone is legally liable, that's another story, one that depends on Mexican law.
Answered on May 01st, 2015 at 7:02 AM

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Who ever was negligent and their employers are liable. The headquarters of the company, not the headquarters for a particular region would be liable. A big problem will be that probably Mexican law applies and you will have to sue there. You need to speak to some attorneys who handle such matters of injuries in foreign countries.
Answered on May 01st, 2015 at 5:32 AM

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