slip and fall

[braby]

I have an acquaintance who slipped and fell in a hotel in The Dominican.
Can you tell me the limitation period for this type of potential claim and possibly whether the issue of liability would be similar to anglo-american
legal principles
Thank You

[AlaninDR]

One thing that endears DR to me is that a person doesn't sue for overlooking a clearly identifiable hazard. Of course there are exceptions and in some instances they are warranted. I would sell out and move if a suit for spilling hot coffee or slipping next to a wet floor sign was brought. People that bring these types of suits and the lawyers that file them should be kept on a leash as they are clear dangers to themselves. My thoughts and nothing personal since I don't know the facts.

[miguel]

Originally Posted by braby

I have an acquaintance who slipped and fell in a hotel in The Dominican.
Can you tell me the limitation period for this type of potential claim and possibly whether the issue of liability would be similar to anglo-american
legal principles
Thank You

I slipped and fell while staying at the Jaragua hotel a few years ago and the only thing that I did was to tell the manager about it so he could be aware the the floor was wet and some other person could fall. I had a sharp pain on my shoulder for about 3 days and the only thing that went thru my mind was " sh** happens ". It never crossed my mind to sue anybody because it was an accident. What did it get me after I told the manager?, free beers at the bar and friendlier staff members. He did asked me if I intended to sue since, as he put it, " mainly all tourists would sue even if they are not hurt". I told him that I was not going to do such a thing because there was sign there and it was just an accident and that I was not that hurt. I have better thigs to do than to make my vacation miserable, if you had broken a bone, then it would have been a different story. Besides I would have, probably, spent more money in lawyers than the money that I would have gotten, if any. If your friend was not physically hurt, let it go.

Ps: Before anybody tells you in a very nasty way, it's not The Dominican, there is no such country, it's The Dominican Republic, or DR, or RD. There is a Dominica, but it's still not the DR.

[Fiesta Mama]

How would an "anglo-American" have different legal principles than a "non-anglo-American"??? I do believe in the grand ol' USA, all citizens are considered equal under the law.

Originally Posted by braby

I have an acquaintance who slipped and fell in a hotel in The Dominican.
Can you tell me the limitation period for this type of potential claim and possibly whether the issue of liability would be similar to anglo-american
legal principles
Thank You

[Criss Colon]

last week!She went home,washed it off,and put some antibiotic cream on the wound! I asked her which of the dogs bit her.I told her I would shoot the dog right a way."Never mind" she said."I din't know which one it was,and you shouldn't shoot then all!"
Glad thereare no "Johnny Cockruns in the DR!rans"

My wife was fired from her position as head of the laundry where we both work.She had just returned after her second 3 month "Maternity LOA" in two years.
Her boss said that he wanted to hire a man for her position."They don't menstrate,they don't get pregnant,and they don't take time off to take their sick kids to the Doctor!" was his response.If only we lived in the USA,and she worked for a "Fortune 500 Company"!

There is really no "Liability" here!
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[GringoCArlos]

The typical response in the DR is "stupid ME! how could I do that?" , whether it's slipping on a floor, falling down steps, stepping into an open manhole, or whatever. The world is a dangerous place.

[gerd]

Sue them. US$250 Millions is the least you should ask for.

[ALGS]

You're talking about a "quasi-delito", which under Dominican Law has a statute of limitations of 6 months.

US and Dominican Republic liabilities principles are similar but they differ in some points;for example,there is no such thing as punitive damages here in the DR. Also, most liability cases under the DR's Judicial system tend to last as long as 10 to 15 years before any compensation is given. Furthermore, your acquaintance being a foreign person with no residency in the DR ("extranjera transeunte"), would have to pay a significative bail if she wants to sue.(In this case that is).

Good luck

ALGS

[msugirl]

Good luck with a suit against the hotel. There are a number of things that your friend may want to consider before they seek any kind of redress for their injuries (if they actually had any). 1) Jurisdiction- if you are an American or Canadian citizen, it is more than likely you are going to have file your suit in the Dominican Republic unless the owner of the hotel is living in the United States or Canada. If they are you may be able to establish personal jurisdiction over the party if you are a citizen in one of those countries as well. More than likely though, there will be no significant ties to the country for you to bring your suit in your home country. Therefore, if you have to bring the suit in the courts of the Dominican Republic you are going to have to hire a lawyer abroad. This will take time, money and you may have to go down their personally on more than one occasion. 2) It is important to keep in mind that courts of a foreign country may not be receptive to a foreign person coming into their country and making a case against one of their established businesses that contributes to their country? Whether or not the owner of the hotel is a citizen of the Dominican Republic or not, they are contributing to the economy, what are you doing? 3) evidence- unless official reports were made, such as a trip to the hospital for injuries, there is no way of establish when your injuries (once again if there are any) occurred. Technically they could have happened when you stepped off the plane in your home country. Your friend really needs to think about whether it is worth it. My prediction is they will spend a lot of money, get no where fast and ultimately risk getting nothing in the end. BUT good luck if they do go through with it. Tell them to keep us posted in the year 2008 when a judgment is actually entered.

[Fabio J. Guzman]

ALGS is correct. The statute of limitations to sue the hotel is 6 months from the time of the accident.

As a non-resident foreigner, the plaintiff will have to post a bond ("fianza") to sue.

Damage awards in the DR are very low compared to the US.