Will I Need an Attorney When I Travel This Summer?

Will I Need an Attorney When I Travel This Summer?

June 30, 2022

Travel is not a foreign concept to us; it can be traced back to wealthier Greeks and Romans who traveled to their summer homes and villas in areas like Baiae and Pompeii for leisure. Merriam-Webster defines travel as "a journey, especially to a distant or unknown location." We used to be able to travel without a second thought. Unfortunately, as we travel to new places these days, we must be extra cautious of potential threats. These problems could have long-term repercussions, including legal action. Some of the topics we shall cover in this article are as follows: Auto Accidents, Cruise Ship Accidents, Rideshare Accidents, Premises Liability, and Bed Bugs

Auto Accidents

According to Travel Pulse, nearly 80% (206 million) of Americans will take a road trip this year, with nearly 20% (47 million) driving more than 500 miles. With so many people on the road at any given time, you become more exposed to automobile accidents, and your chances of being involved in an accident rise as you travel further. Having said that, there may come a time when you are involved in a car accident and need to know what to do. So, in order to help you even more, we've detailed some of the most critical steps to take after a car accident.

  • Never, under any circumstances, leave the scene of an accident.
  • To avoid similar accidents, set up flares or keep your flashers turned on.
  • Regardless of how minor the injuries appear, call the police.
  • When the police arrive, make sure you tell the officer(s) in charge all you know. Notify the police if you are uncertain of specific facts. Make no assumptions, guesses, or false claims about the facts.
  • Photograph the accident site but do not tamper with the investigation.
  • Exchange information with the other party engaged in the incident, as well as any witnesses. 
  • To safeguard your rights, speak with an attorney. This is arguably the most important thing you should do after an accident. Your lawyer can protect your rights and prevent vital evidence from being deleted.

Aviation Accidents

The ability to use helicopters and airplanes to enhance your vacation experience is a terrific tool to have on hand. The ability to fly allows for speedier travel, fewer expenses, greater comfort, and, in most cases, safety.

We typically picture our destination and the wonderful activities that await us when we board a helicopter for a tour or a commercial airplane for travel. However, aviation accidents are unavoidable and are primarily caused by safety flaws, pilot shortages, and aging aircraft. You may encounter two sorts of aviation while on vacation: helicopter tours and commercial flights.

Helicopter Tours

While helicopter tours are one of the most incredible things to do, whether visiting new tourist attractions or popular locations such as The Grand Canyon, Mt. Rushmore, or a scenic tour above Manhattan, New York, there are some safety considerations to be aware of. Some  of which include pilot error, maintenance team error or misunderstanding, mechanical faults, and inclement weather.

Who's to Blame for My Helicopter Injuries?

Depending on the reason, more than one individual may be held accountable. For example, in some incidents, both ground control and the pilot may be at blame. In other circumstances, the tour company or the manufacturer may have neglected to maintain the plane or designed it incorrectly.

Commercial Flights

Per the Federal Aviation Administration (FAA), a total of 45,000 flights carrying 2.9 million travelers fly in and out of U.S. airports daily. Airport hubs alone account for a large number of injuries, including broken bones and neck injuries resulting from slips and falls. Injuries, on the other hand, are not limited to the airport; in-flight incidents such as turbulence, falling in the jetway, or baggage falling from above can all lead to bodily harm. Despite the fact that airlines must adhere to the Federal Aviation Act's standards, incidents like this occur on a regular basis due to the enormous amount of traffic.

What Is The Federal Aviation Act?

The Federal Aviation Act was enacted in 1958 to regulate civil aviation and commercial space transportation in the United States, as well as to maintain and operate air traffic control and navigation systems for both civil and military aircraft, and to develop and administer programs related to aviation safety and the National Airspace System. This move alone helped pave the road for the Federal Aviation Administration we know today.

Who Is To Blame For An In-Flight Injury?

If you are injured on a flight, you may be able to file a compensation claim against the airline. Here are a few things to keep in mind to do this:

  • Airlines are common carriers. Common carriers exercise extraordinary caution and care for the sake of their passengers and cargo. Common carriers who fail to follow such regulations may face legal consequences for any damages or losses caused by their negligence.
  • Airlines cannot be held responsible for unanticipated and unavoidable circumstances. When unexpected situations occur, an airline cannot be held liable for the consequences. For example, flights are not always free of turbulence. If there is turbulence on a plane and you were told to stay in your seat, but you go to the bathroom and fall, the airline is not liable for the damages.
  • You’ll have to prove negligence. To hold the airline accountable for your injuries, you must demonstrate that the airline breached the duty of care owed to you, just as you must in any other personal injury lawsuit.

Cruise Ship Accidents

In 2019, the cruise industry received 29.7 million passengers worldwide. Regrettably, no single government agency investigates and documents cruise ship occurrences in the same way that the FAA does for aviation accidents. This is not to say that personal injury accidents do not occur on cruise ships. Many tourists are unaware that the cruise line could be held accountable for injuries occurring on board. By suing a cruise line, you may be able to win a settlement or verdict for medical expenditures, lost work time, and other compensatory and punitive damages.

Occurrences that cause injuries on a cruise ship:

  • Collisions amongst ships
  • Technical problems triggering a fire.
  • Passengers who fall overboard
  • Poisoning caused by food
  • Slip and fall injuries on slippery decks

These acts of negligence can lead to serious injuries such as broken bones, brain injuries, and internal organ damage.

Rideshare 

Rideshare is a system that connects passengers with drivers using mobile apps or websites such as Uber, Lyft, Juno, and others. You are then are picked up and taken to your destination alongside other commuters.

In recent years, ridesharing has grown tremendously. Approximately 25% of the total U.S. population uses ridesharing at least once each month, and Uber alone employs over 3.8 million drivers worldwide. Ridesharing is becoming more popular in the United States and around the world due to high population and industrialization, particularly in larger cities, which equals more road traffic and a greater need for efficient transportation.

Directly Filing a Lawsuit Against Uber or Lyft

If you've been hurt in a rideshare accident, you're probably wondering if you may sue Uber or Lyft. After all, ridesharing companies have deeper pockets than ordinary rideshare drivers.

However, suing Uber or Lyft directly can be challenging. Uber and Lyft classify rideshare drivers as independent contractors rather than employees. As a result, companies are more likely than independent contractors to be found legally liable for an incident.

Nonetheless, you might want to file a lawsuit against Uber or Lyft if, for example:

  • Your damages exceed your ridesharing driver's insurance coverage limits.
  • Your Uber driver sexually harassed you.
  • You believe the employer was careless in hiring, training, and managing the driver who hit you.

Bed Bugs 

Traveling exposes you to a wide spectrum of amazing people and wildlife. Unfortunately, traveling makes us more susceptible to bed bugs. Bed bugs are reddish-brown, flat, wingless insects that hide on beds and old furniture during the day. These insects are most typically encountered in hotel rooms because they can attach themselves to luggage, purses, and backpacks and migrate across multi-unit buildings.

Legal Action with Bed Bugs

If you were exposed to bed bugs while staying in a hotel or renting a home, you may be able to sue the property owner in many states. But first, you must prove that you were bitten by a bed bug. You will almost always need to see a doctor, such as a dermatologist, to confirm that you have been bitten by a bed bug.

If it is proven that you were bitten by bed bugs in a hotel or rental property and that your injuries were caused by the carelessness of the property's owner, you may be able to file one or more of the following claim for damages:

  • Intentionally triggering emotional distress
  • Private annoyance
  • Breach of contract
  • Breach of the habitability contract
  • Negligence
  • And possibly other reasons, depending on the location of the incident.

Bed bug litigation, on the other hand, may take a different path. If the host has reason to believe you brought bed bugs onto their property or failed to notify them of the problem, they may be able to sue you. Damages for bed bug bites frequently include some or all of the following, depending on who is at fault:

  • The costs of eradicating an infestation
  • Property damage
  • Medical bills
  • And other out-of-pocket costs

What is Premises Liability

  Property owners have particular obligations under local, state, and federal laws to maintain reasonably safe premises under certain conditions and to warn others of any harmful conditions in certain instances, which is known as premises liability. Premises liability cases encompass a wide range of personal injury claims, including:

Slip & Fall

Slips and falls are the most straightforward premises liability cases. Slips and falls, whether the victim is young or old, can be devastating. Fractures are one of the most common outcomes of falls, occurring in 5% of instances. A fall causes more than eight million people to visit hospital emergency rooms. Slips and falls can also lead to more significant tragedies, such as wrongful death in the case of those over the age of 85.

Broken Bones

Broken bones and fractures are two of the most common injuries caused by slips and falls. Each year, roughly 6.8 million fractured bones/fractures are treated in the United States, according to The Ohio State University.

When a bone collides with a larger force, the shape of the bone changes, resulting in a broken bone. These fractures can occur horizontally or vertically across the bone.

Some common breaks include: 

  • Closed or open fractures: an injury is said to be closed when it does not cause a break in the skin and open when it does.
  • Complete fractures: occur when a fracture entirely separates the bone, resulting in two different portions
  • Displaced fractures: when a gap develops where the bone has broken (often requires surgery)
  • Partial fractures: when the fracture does not extend all the way through the bone
  • Stress fractures: occur when there is a crack in the bone (oftentimes, it is tough to find with imaging)

Drowning

Drowning accident lawsuits are classified as premises liability since the injuries are often caused by a poorly maintained or guarded premise. This can include elements such as:

  • Carelessness or negligence by a lifeguard
  • Improper signage
  • Inadequate safety equipment
  • Dilapidated surfaces

In drowning cases, victims or families can sue the parties at fault. Inattentive property owners and managers could be among them. Two typical legal claims are negligence and wrongful death.

Depending on the circumstances, plaintiffs in drowning cases may be reimbursed for medical expenses, lost wages, and pain and suffering. Furthermore, if the victim dies, his or her family may be able to recoup burial expenses as well as support loss.

Frequently Asked Questions

Q: Can I sue the company that controls my cruise ship?

A: Yes, if you were the victim of a cruise ship accident, excursion accident, or even medical malpractice, you may be able to sue the cruise company that was at fault.

Q: Do I need a lawyer to help me with my hotel liability claim?

A: Yes, having an experienced lawyer will assist you in obtaining the most compensation for your injuries or lost property. 

Q: Do I sue the ride-share service or the driver? 

A: In most cases, your claim will be filed with the ridesharing business rather than the driver. Uber and Lyft, for example, have a million-dollar insurance policy that covers all passengers.

Q: When can I hold a hotel liable for my injuries? 

A: Because it is a business that provides services to customers, every hotel is legally accountable for premises liability.

Works Cited

Agencies - Federal Aviation Administration. (n.d.). Federal Register. https://www.federalregister.gov/agencies/federal-aviation-administration

Air Traffic By The Numbers. (2022, June 15). FAA. https://www.faa.gov/air_traffic/by_the_numbers/

Arm Injury Statistics | Aids for One Armed Tasks. (n.d.). The Ohio State University. https://u.osu.edu/productdesigngroup3/sample-page/

Christoff, J. (2022, March 25). Road Trips Will Be the Most Popular Type of Travel This Summer. TravelPulse. https://www.travelpulse.com/news/features/road-trips-will-be-the-most-popular-type-of-travel-this-summer.html

Travel Definition & Meaning. (n.d.). Merriam-Webster. https://www.merriam-webster.com/dictionary/travelWhat is a Common Carrier? (2018, December 3). FindLaw. https://www.findlaw.com/injury/torts-and-personal-injuries/what-is-a-common-carrier.html

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