Many people head to a resort during the winter and spring. They often end up in the Caribbean to enjoy warm weather and frolic on the beach, although some people head to ski resorts in the Rocky Mountains to enjoy the slopes. Sadly, many vacations end up with serious injuries. In extreme situations, someone can die while at a resort.
What should you do if a loved one dies while on vacation? This is a tragic time. The resort could be pressuring you to sign legal documents before “letting” you leave. We strongly recommend calling a wrongful death attorney at Stewart Miller Simmons Trial Attorneys. Although based in Atlanta, we can help Georgia residents when they are injured at a resort, whether in a different state or outside the country.
Types of Fatal Accidents
A loved one could perish in any type of accident while on vacation:
- Scuba diving accident. Going for a scuba dive is a fun afternoon for many people. However, scuba diving is full of risk, and people can die in out-of-air situations or during rapid ascent. Diving equipment could also be defective, resulting in drowning accidents. In 2024, a 68-year-old American tourist died during a scuba diving tour off San Pedro.
- Boating accident. Fatal boating accidents often stem from operator error or from a defect in the boat. Our clients have suffered serious injury when a boat collides with another vessel or runs aground. A boat could also capsize far from shore, tossing everyone into the water, with no hope of an immediate rescue. Fatal accidents are common.
- Bus accidents. Tourists can be injured while riding on a bus when it collides or rolls over. These are mass tort events with dozens of injured victims.
- Skiing accident. Skiing is full of risk, but some skiers can perish due to defects on the trails, including a failure to warn of hidden hazards.
- Electrocution or fire. Hazards at the resort can result in fires, which can overwhelm a guest who will pass out and perish in the blaze.
- Carbon monoxide poisoning. In 2022, three Americans died at a Bahamas resort due to carbon monoxide poisoning. Their rooms did not contain working carbon monoxide detectors, which contributed to the deaths.
- Violent attacks. Generally, tourist areas are “safer” than the surrounding areas, with resorts employing expensive security to protect their paying guests. Nonetheless, violent crime can seep into even the “safe” tourist areas. Many Americans have been kidnapped or caught in gun fights.
Legal Issues with Resort Fatalities
These are complicated legal cases. You should immediately reach out to an experienced attorney to see if you have a right to sue. Some of the complications include:
- Liability for fatal accidents while on an excursion. Some resorts contract with other businesses to offer excursions, such as scuba diving. The resort will deny liability for the accident; instead, they blame the other business. Family members often don’t know how to untangle the legal liability issue or who to blame. Call our office.
- Waivers. Your loved one might have signed a waiver before going on an excursion. There is a legal issue about whether this waiver is actually valid. A resort might even try to get family members to sign a waiver after the fatal accident. Some surviving family members feel pressured to sign so they can get their stuff and come home. You shouldn’t be coerced into waiving rights after a tragedy.
- Liability for crime. You can expect a resort to try and wash its hands of liability for any violent crime happening outside the walls of the resort. They might claim they have no control over the actions of local drug gangs or other criminals. That might be true. But any business should provide sufficient security on its premises.
- Inaccessibility of evidence. Some of the most critical pieces of evidence is in the hands of the resort. For example, they might have security footage which captured the accident. However, family members can struggle to gain access to this evidence, and the resort management in a distant country doesn’t want to cooperate.
Trying to find out what happened to a loved one is a frustrating experience. You need an experienced lawyer to help. Call Stewart Miller Simmons Trial Attorneys. We can coordinate with local police to find out more about the incident and use this evidence to determine your right to bring a wrongful death claim.
Why You Should Hire a Georgia Lawyer
Even if a loved one died in a foreign country, you should hire a local lawyer here in Atlanta. We can answer your questions and keep you updated on the status of the investigation.
Our lawyers know how to negotiate with distant companies to obtain useful evidence. We can even partner with a local lawyer in a foreign country, if necessary. Instead of searching online for a lawyer in Jamaica or the Dominican Republic, you can trust us to find a reliable foreign attorney.
Depending on where the resort is headquartered, you might even bring a lawsuit here in the United States. Many resorts have offices in the U.S., which means they can be sued in state or federal court. You need a lawyer you are comfortable with to represent you and get to the bottom of what happened.
Can You Receive a Wrongful Death Settlement?
Your legal rights will depend on what happened. Did the resort have liability for the fatal accident? It’s possible that no one has liability, or there might be no way to hold a foreign gang accountable. However, the resort is often liable because they failed to employ sufficient security or were negligent in how they maintained the premises.
Our firm can seek wrongful death damages for the loss of a family member. For example, you might receive compensation for loss of financial support or lost services (or both). We can also seek compensation for the loss of the relationship.
Speak with an Atlanta Wrongful Death Attorney
The death of a close family member is difficult to comprehend. However, family members have a short amount of time to protect their legal rights. Call (404) 529-3476 to speak with an attorney with our firm.