Legal Question in Personal Injury in New York
Personal Injury in Bali/Indonesia
While vacationing at a five star hotel in Bali/Indonesia, my 41/2 yrs daughter was left at the kids club to participate in supervised activities. We were not asked to sign any consent/ liability forms. Unfortunately, my daughter was left to wonder around the club house unsupervised and entered to a huge playhouse. While she was climbing from the first to second floor on a ladder without handrail she fell down and broke her arm. The club staff failed to inform us about the incident, but my 8 yrs old son informed us and we struggled to find a local hospital and ended flying to Singapore where she underwent a surgery to join the broken bones. Through the whole ordeal the hotel management ignored us completely. Do I have a case to sue the hotel for negligence? Can I sue the American chain hotel in USA?
2 Answers from Attorneys
Re: Personal Injury in Bali/Indonesia
Tough case in New York. The answer depends on the relationship between the Bali hotel and the US hotels, and perhaps, whether or not the Bali hotel does business in NY. We handle personal injury cases on a contingency basis and I would be happy to discuss whether or not we could obtain jurisdiction in NY.
Re: Personal Injury in Bali/Indonesia
Its an interesting question; you haven't provided enough information to actually provide an answer but I can give some guidance. If the hotel is part of a publicly traded corporate
chain, not individaully owned you should be able to get jurisdiction over them in federal court, and even if they are privately owned, a foreign hotel that has a local agent for booking might be sufficient.
This is called diversity jurisdiction in federal court and it is between citizens of different states where the amount in controversy exceeds $150,000.00
You might be able to sue in State Court also; it really depends on the hotel's corporate structure, and minimum contacts with the State.
You need to consult a good personal injury firm that is willing to investigate and go the
distance to start the action correctly.
Getting service on the hotel is a different question also depending on the ownership structure.
If they can not be served in the US, there is a treaty called the "Hague Convention for Service of Judicial Process Abroad" that allows a summons and complaint to be served in another country if the country is a signatory to the treaty. I'm not sure if Bali is, but China is for instance.