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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111685
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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From cabo, i had to get a credit card. i am staying at the

Customer Question

hi David from cabo, i had to get a credit card. i am staying at the villa de palma in cabo san lucas mexico. i suffered an incident on sunday 11/8/2015 at midnight. i fell asleep on a lounge chair in front of the sea wall covered in towels. my wife had sent someone to look for me and 2 hotel personel cam and woke me from a dead sleep, told me to get up, I am 70 and have some balance issues and i had taken 2 advil pm to help me sleep. I got up without to my knowledge any assistance from them, i lost my balance and fell face first striking the bridge of my nose and forehead on the concrete sea wall. i suffered cuts and abrasions to bridge of my nose and approx 2 inch deep gash on my right forehead. they had the hotel doctor stitch me up but i now have headaches and a very bad cut on my face. Is the hotel negligent for not assuring my ability to stand on my own. I asked for a copy of the incident report which my wife had to sign and was told that they did not share those with guests. we own a time share at this facility
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem here is the Mexican laws. Under Mexican law, if you can prove they actually caused your injury, then all you are entitled to is payment for your medical expenses (not like in the US where you can get pain and suffering too).
In order to hold them liable under the Mexican system, you had to prove they owed you some duty to act in a certain way and they failed to do so and thus caused you harm. They did not have a duty under the law to assist you to stand up or making sure you could stand on your own. They asked you to get up and had no way to know your actual condition and did not cause your balance condition, so the injuries sustained would not be their fault I am afraid in this situation.

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