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Tourist Injury FAQ
Vacation is one of the most pleasant and anticipated events of the year for many people. Hundreds of thousands decide to spend time each year as tourists in the Orlando area and all over Florida, and every year there is a percentage of these tourists who suffer some kind of injury while on their vacation. Property owners have a responsibility to ensure that their public premises are safe for all visitors (http://www.coyelaw.com/premises-liability.htm) and if they have not done so, this could be the basis for a personal injury suit.
Florida personal injury law is sometimes different from personal injury laws in other states and countries, and if an injured tourist decides to bring a lawsuit it will need to be done in the county where the injury occurred, rather than where the person lives. We’ve supplied the following Frequently Asked Questions for anyone who has visited Florida and suffered an injury and may be unsure whether or not to consult with a Personal Injury lawyer to assist through this difficult process
Tourist Injuries in Florida
Q: What do you mean by “tourist injury”?
A: A “tourist injury” is typically any type of personal injury which occurs to a person who is a non-resident of Florida and is visiting for business or pleasure. These can include car accidents, slip-and-falls, dog bites, pool accidents, or burns, amongst other types of personal injuries which may have been the result of someone else’s negligence.
Q: Why shouldn’t I wait until I get home to see my own doctor and file suit then?
A: If you are injured on vacation don’t wait to get home to seek medical attention – do so immediately. Not only will you make sure that you are healthy enough to travel home safely, you will be able to begin any litigation process more quickly should you decide to file a suit. Your health comes first, and the longer you wait to address medical issues the more complicated it may become to address legal ones.
Q: Why should I get a Florida lawyer? I have a lawyer at home; shouldn’t I contact him/her instead?
A: While the lawyer you have a relationship with in your home state may be very experienced in matters of that state, Florida law can sometimes be very different. It is essential to your case that you have a lawyer who is able to represent you directly in the county where the injury occurred. Contacting an attorney who is experienced in Florida Personal Injury law not only gives you the best connection to the local specifics, but can also help you to avoid having to make return visits to deal with the legalities.
Q: What if I don’t know about the problem until I get home?
A: In the event that an injury is not discovered until you arrive home, or that you are on your way out of state when an injury occurs (such as a slip-and-fall at the airport, for example) seek medical attention as soon as possible. Being out of state will not affect the process of filing a personal injury claim. In today’s digital age it is usually possible to communicate efficiently about these cases over long-distances.
Q: What do I do if I am in this situation?
A: First and foremost, always consider your health and well-being. Seek medical attention without delay. If there were no witnesses to the incident, tell the property owner what occurred as soon as possible. If someone else witnessed your injury, ask them to report what they know to the owner while you are having the injury taken care of.
In general, it may be helpful to gather copies of all the documentation possible. Here are a few things to think about in this process:
- Take photos (or have the medical facility photograph) your injuries. Try to get the injury from as many angles and with as much light as possible. There can never be “too many” photos if the case goes to litigation.
- Take photos of the site where the injury occurred, from as many angles and as clear as possible. Try to get maximum information into the photos – every foot of area you capture could help your attorney in court.
- Write up an “incident report” in your own words of what happened. It doesn’t need to be in formal language, but jot down as many details as you can. This could be vital to reconstructing the event later.
Remember: If the claim goes to litigation, your lawyer will value photographic evidence and any documentation from witnesses which assist in event re-creation. Make sure the attorney is provided the company name for the medical care providers, and the name any witnesses, management, or personnel involved on the date of the incident. These details are especially important if the injury has occurred to your child as childhood injuries sometimes involve more intensity and potential complications than adult injuries.
A few specific examples ...
“What do I do if I slip and fall in my hotel lobby?”
If you are injured and unsure about getting up, call for help. Never risk further injury by underestimating the extent to which you are hurt. Allow someone else to phone for medical response and ask someone to alert the hotel management. If management becomes involved, do not sign or agree to anything until you’ve spoken with an attorney. Ask a friend, family member, or witness to take pictures of the location and circumstances.
“What do I do if I, or my child, are injured on an attraction at any amusement park?”
Report the injury to the operator of the ride immediately. Have that person call for both medical assistance and their manager at the same time. Complete any “incident report” the park management requires so that they have it properly documented. Do not sign any agreements or discuss insurance or compensation with any representative of the park until you’ve spoken with an attorney.
“What do I do if I am injured at a beach or on other public property?”
TheFlorida Coastal Management Program is responsible for maintaining signage at public beaches and other waterways. In case of an emergency seek medical attention immediately, document the incident as best you can with photographs and written statements, and contact both an FCWP representative and an attorney as soon as possible.
The Florida Fish and Wildlife Conservation Commission is responsible for the maintenance of off-highway public property roads, as well as distribution of hunting and fishing licenses and the necessary safety which accompanies these kinds of activities. If you are injured on public property in a fishing, hunting, boating, or “off-roading” accident, seek medical attention immediately and document the incident as thoroughly as possible with photographs and written statements. You should report the incident to the appropriate regional office and contact an attorney immediately about your rights.
Any personal injury is an upsetting and stressful time, but especially one that occurs when you are expecting relaxation. If you have additional questions, contact one of our Personal Injury Lawyers about your rights and the legal process.