Legal Question in Personal Injury in California

personal injury and injury

When on vacation in a foreign resort I was injured by staff members and subcontractors, my daughter witness it and is still upset. I contacted headquarters in the US and reported problems. Who is responsible: people who did it, foreign resort or headquarters?


Asked on 9/13/06, 12:06 am

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: personal injury and injury

All of the parties mentioned would be jointly and severally liable for your personal injuries. Meaning, all parties involved in your injury can be named on your lawsuit, each responsible for your entire damages. Naturally, the "deep pockets" headquarters in the U.S. would be the liable party you should MOST be interested in recovering your damages from, since they would be vicariously liable for the negligence of their employees and/or subcontractors more often than not. If you would like prompt, affordable legal assistance in this timely matter, contact us today for a free phone consultation.

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Answered on 9/14/06, 6:40 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: personal injury and injury

Mr. Torrey's answer would be correct if you had been injured in the U.S., but may not be correct given the facts you have provided.

American law does not apply to incidents in other countries even when Americans are involved. Unless you have a contract that says otherwise, this case would probably be governed by the laws of the country where the injury occurred and would be decided by that country's courts. You might have an American claim if the corporate entity in the other country essentially functions as part of the American parent, but that is unlikely to be the case. You might also be able to press your case domestically if the other country does not have a fair court system.

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Answered on 9/14/06, 7:03 pm


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