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Who is at fault if you are injured on vacation?

A few years ago one of Carnival Cruise Lines ships, the Triumph, famously broke down and had to be towed back to port. Over 4,000 passengers and crew told stories about electrical failures, plumbing failures, low food, and no ventilation. What many people found fascinating was that to compensate the victims of the breakdown, Carnival only offered a refund and a voucher for another cruise. But what you may not know is that most destination vacations, including cruise lines, include language that limits their premises liability. This post will go over the legal details of premises liability.

Premises liability is a body of law that holds the owner of a property liable for injuries that occur on their property. The classic example is a "slip and fall." So this begs the question, who is liable if you are injured while on a destination vacation? The entity or person who is liable is the one that possesses the property. For resorts, this often means corporations formed specifically to hold that property.

This turns to the question of, can you sue for your injuries? Many states, but not all, divide up premises liability based on the status of the person who was injured. For an individual who was invited onto the property for commercial purposes, the property owner owes a greater duty of care than for mere social visitors or trespassers. But this area of law is contentious and undergoing rapid change in many different states so that the current law could change.

If you were injured while on vacation due to a dangerous property condition you may want to speak to an attorney. Premises liability cases are extremely fact specific, and each state has wildly different rules regarding the application of liability. Therefore, a lawyer is a useful person to explain the merits of your case. In fact, the best solution may not be litigation but a negotiated settlement. A lawyer can ensure that you receive fair compensation for your injuries.

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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