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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On June 22nd-June28th I was on vacation with a franchise

Customer Question

On June 22nd-June28th I was on vacation with a franchise Cabana Beach Hotel, Punta CANA the last day of my stay at the Hotel I had a personal accident where I tripped and fell while holding my plate at a Buffet and my throat was cut open. i was sent to the clinic and had to get 9 stitches on my throat and 2 on my eyebrow. The restaurant didn't want to be held responsible and had to pay a bill of about $500. i didn't contact any companies because I was very scared that I almost could've died.The name of the resort I was at was Vik Cayana Hotel in Santo Domingo, Punta Cana. i have pictures and proof of what happened and my accident. I'd like to know if you can take my case
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years 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.
Unfortunately, every accident that happens on the property of another does not make the owner of the property liable. Just because you tripped and fell and were injured does not mean the resort is liable. Under the law in DR, in order for the hotel to be liable, you have to prove that there was 1) a dangerous condition that caused your fall AND 2) the owner of the property knew of the dangerous condition and failed to either fix it or warn you of the dangerous condition. If you cannot prove those two things (which you did not say in your statement existed) you have no legal claim.
Furthermore, unlike in the US, where you can claim pain and suffering as part of your injury damages, in the DR, all you would be entitled to in a lawsuit for this type of claim is the actual costs of your medical treatment and nothing more.
So if you can prove that the owner of the property knew of some dangerous condition AND that dangerous condition caused you to fall, then you can seek to get a lawyer in the DR (http://www.hg.org) and you can sue for the costs of your medical care only.