Depending on how your injuries occurred, a tour company might be financially liable for damages. However, you must prove the tour company’s negligence led to your injuries. Considering tour companies aggregate different parts of someone’s vacation, other parties might be liable for your injuries, too. Additionally, many tour companies force clients to sign liability waivers to protect them from lawsuits if they get hurt on vacation. A waiver doesn’t automatically absolve a tour company from financial liability, but it can complicate the situation.
If you suffered injuries on vacation in Arizona, it’s best to consult an experienced personal injury attorney. A lawyer can review the facts of your case and identify the best people and or businesses to name in a lawsuit after suffering injuries due to negligence. Below, we take a closer look at the elements of negligence you must prove for a tour company to be held liable for vacation injuries, examples of negligence that lead to vacation injuries, and situations where a tour company will likely be held liable for injuries while on vacation in Arizona.
Proving a Tour Company’s Negligence in Arizona
Negligence is the foundation of personal injury lawsuits. Regardless of the situation, a victim must prove the party they are suing was negligent to receive compensation for injuries. In everyday language, negligence refers to carelessness, but in the legal community, negligence refers to a specific legal term that includes four basic elements. You, with the help of an experienced lawyer, must prove all of these elements to prevail in your claim against a tour company:
- Duty of care: The defendant must have a duty of care towards the plaintiff. If you booked travel to Arizona with a tour company, payment, and other sales documents typically establish the tour company’s duty towards you.
- Breach of duty: The tour company must have breached its duty towards you.
- Causation: The tour company’s breach of duty must have caused your injuries, typically the most difficult element of negligence to prove.
- Damages: Damages are the monetary costs associated with the accident and your injuries.
When you meet with a lawyer, they will evaluate your case to make sure they can prove negligence to the insurance company and court, if necessary.
Examples of Tour Company Negligence
Not every injury suffered on a vacation in Arizona automatically makes a tour company liable for damages. However, some situations easily qualify as tour company negligence. Here are some examples of tour company negligence on vacations in Arizona:
- The tour company provided a poorly maintained bus or an untrained driver, which led to an accident and injuries
- A driver employed by the tour company caused an accident because of distracted, drowsy, or drunk driving
- The tour company offered a hiking excursion and failed to keep participants safe
- A tour guide intentionally harmed a tour participant
One of the biggest factors that influence liability is employment. In the situations above, it’s unlikely the tour company will be liable unless they own the tour bus and have directly employed tour guides. Additionally, injuries must occur within the scope of a tour guide’s employment for the tour company to be held liable for damages. Tour companies typically are not responsible for injuries when they occur because of the negligence of a contracted service or when injuries occur outside of the scheduled tour or the scope of a tour guide’s employment.
Third-party Liability After Suffering Injuries on Vacation
Tour companies typically put together an itinerary for a vacation; sometimes tours are guided and other times they are not. In certain situations, your lawyer might advise you to sue another entity after suffering injuries on a vacation. Here are a few examples of when a third party might be liable for injuries while on vacation in Arizona:
- A hotel or resort could be liable if you suffered injuries in a slip and fall accident, swimming pool accident, or food poisoning on the property
- A theme park could be liable if you were injured during your visit, even as part of a tour
- Any business, restaurant, hotel, or casino could be liable for negligent security if someone intentionally caused your injuries by attacking you
Your personal injury lawyer will identify potential third parties who might be liable for damages.
Consult an Arizona Personal Injury Lawyer at Feller & Wendt
Planning a vacation is an exciting time, especially in warm and sunny Arizona. When your vacation gets ruined because of preventable injuries, you should not have to absorb the financial costs of going to a hospital away from home and missing more work after your Arizona vacation. An experienced lawyer can review the facts of your case and help you hold the negligent tour company or third party accountable for their failures.
The skilled legal team at Feller & Wendt has the knowledge and resources to help you get the compensation you deserve. Contact us online or at (480) 702-2277 to discuss the details of the injuries you suffered on your Arizona vacation and learn more about how we can help.