Wrongful death on vacation
Vacationing should be fun and relaxing. No one wants to think about being injured or losing their life while on their vacation. But, unfortunately, for some people, a vacation can turn deadly, and they may die while vacationing in some far-off destination. And, what’s even worse is that their death may be the result of negligence or an intentional act on the part of someone else. When this happens, it’s considered to be wrongful death.
People are often injured and die as result while visiting tourist attractions such as theme or amusement parks, water parks, or engaging in sports such as kite surfing and parasailing. Accidents also occur at hotels and resorts that provide swimming pools, spas, or private beaches for their guests. Negligence due to poor maintenance, defects in equipment, and inadequate supervision are often the cause.
Travel to resort destinations out of the country sounds exciting and romantic. But it can turn deadly. How many times have you turned on the news or read an article in the newspaper about a vacationer who has fallen victim to a crime and that has lost his or her life as a result. Criminals and other predators prey on vacationers that are unfamiliar with the area, and being on vacation, have let their guard down. Case in point is the disappearance and death of Natalie Holloway in Aruba in 2005.
It’s more common than it should be
Wrongful death accidents or occurrences while on vacation are more common than you would think. Some of the more common ways that a person may die while he or she is on vacation include:
- Slip and fall accidents
- Driving a vehicle such as an ATV, personal watercraft, boat, or rental car
- Participating in extreme sports
Liability waivers are generally used by tour and activity companies in order to protect themselves from the results of a wrongful death lawsuit. However, negligence and other factors such as poorly-maintained or defective equipment and insufficient instruction are hard to excuse with a liability waiver, especially in cases involving gross negligence and wrongful death.
If you’ve lost a family member due to a wrongful death accident or intentional act while he or she was on vacation, you may be entitled to compensation through a wrongful death lawsuit. A wrongful death claim allows the estate of the decedent to file a lawsuit against the party or parties who are legally liable for the death. A wrongful death claim is relevant when a victim is intentionally killed or whose death is a result of negligence.
Scott S. Harris, San Diego attorney for wrongful death cases, represents people throughout Southern California in wrongful death lawsuits against individuals as well as companies. If you’re in need of legal advice about filing a wrongful death claim, contact the Law Offices of Scott S. Harris to schedule a free initial consultation.