James Atherton

James Atherton · Dec 7, 2004

Got severe food poisoning while at 'all inclusive' resort in DR. Ate nothing outside of the resort. Had to be carried to the doctor's office just outside the resort. Received 2 IV bags, pills and two shots (medical report on hand here). Vomiting was so severe, one of my discs moved and once home in Canada, was off work for 6 weeks and under chiropractic care for over 4 months.

Telephone calls, e-mails and letters have brought nothing but frustrations (and, I believe, stalling tactics) from the resort, the resort's insurance company and the resort's lawyers.

Anyone got any idea of legal costs and amounts of settlements in cases of similar instances?

AnnaC · Dec 7, 2004

Which resort was it? Did you eat the food on the plane? How many days before you got sick?

Robert · Dec 7, 2004

I think your chances are slim to zero. This is not the USA and to be honest I have never heard of anyone successfully suing a resort/hotel here.

HOWMAR · Dec 7, 2004

Food Poisoning?

How much Brugal?

A.J. · Dec 7, 2004

And did you wash your hands everytime right before you ate?

I am not trying to be funny here. While working in tourism I have seen enough cases of people getting sick (serious stomach illness) because of the combination of the heat, too much drink, too much fiberous foods and not washing their hands before they eat finger foods i.e. pizza, hamburgers, fruit etc.

ricktoronto · Dec 7, 2004

James Atherton said:
Anyone got any idea of legal costs and amounts of settlements in cases of similar instances?

First you have to become a legal resident or post a bond for the court case if you want to sue in the DR, then pay a lawyer lots, wait as many as 5 years for a decision and then, you will lose.

Food poisioning is usually pretty simple - E. Coli or Giardia (or similar) knocked out with Cipro or Fagisyn, respectively. It might have been sub-par medical treatment as much as the resort's food, especially if they didn't have an outbreak of many people - makes it hard to prove it was them.

Sounds unwinnable.

Reason #564 to avoid AI's - Food poisioning and no legal recourse

Pib · Dec 7, 2004

ricktoronto said:
First you have to become a legal resident or post a bond for the court case if you want to sue in the DR, then pay a lawyer lots, wait as many as 5 years for a decision and then, you will lose.

Boy, your optimism is blinding.

But I agree with this:

Food poisioning is usually pretty simple - E. Coli or Giardia (or similar) knocked out with Cipro or Fagisyn, respectively. It might have been sub-par medical treatment as much as the resort's food, especially if they didn't have an outbreak of many people - makes it hard to prove it was them.

ricktoronto · Dec 8, 2004

Pib said:
Boy, your optimism is blinding.

But I agree with this:

We both know that it is a loser case and frankly I doubt it is true or provable. And the residency/bond/cost and time is accurate as well. I avoid "resort" doctors like the plague (especially if I had the plague) - the times I have been sick I have either left early or gone to Clinica Abreu.

Texasfool · Dec 8, 2004

James Atherton said:
Got severe food poisoning while at 'all inclusive' resort in DR. Ate nothing outside of the resort. Had to be carried to the doctor's office just outside the resort. Received 2 IV bags, pills and two shots (medical report on hand here). Vomiting was so severe, one of my discs moved and once home in Canada, was off work for 6 weeks and under chiropractic care for over 4 months.

Telephone calls, e-mails and letters have brought nothing but frustrations (and, I believe, stalling tactics) from the resort, the resort's insurance company and the resort's lawyers.

Anyone got any idea of legal costs and amounts of settlements in cases of similar instances?

The simplest way to determine if you have a cause of action is to contact a Law Firm specializing in International/Bodily Injury Law

If they take the case, it is generally on a contingency fee basis. they won't touch anything they can't make money on, and even if they do and you lose, it costs you nothing

MrMike · Dec 8, 2004

Even if you win (fat chance)

I have an employee who won a lawsuit from survivng a car crash in which 3 of his friends were killed. He was awarded a huge settlement, 2 years ago, and has still not received a dime.

So winning the court case, while nearly impossible is only 1 obstacle, and getting paid is another.

Oche · Dec 8, 2004

You are all right, suing for food poisoning, anywhere in the DR, is as useless as suing for airport baggage handler harrasment. Long shot, way long. In your dreams.

Fabio J. Guzman · Dec 12, 2004

A suit by a nonresident foreigner for food poisoning would encounter the following obstacles:

1) The requirement on the plaintiff to post a bond to sue.

2) The need for the plaintiff to travel to the Dominican Republic to appear in court at least once.

3) The fact that awards granted by Dominican courts are very low.

Because of these factors, I doubt that any good law firm would take the case on a pure contingency basis. On the other hand, to retain a lawyer by the hour would be foolish since legal fees could easily exceed any potential reparation by the court.

James Atherton · Mar 7, 2005

Food Poisoning - Follow-up

Anna Coniglio said:
Which resort was it? Did you eat the food on the plane? How many days before you got sick?

After many, many e-mails and a few telephone calls, the resort has agreed, through their lawyer, to provide the two of us with a TWO-week all inclusive vacation at their resort; both sides have agreed on the last week of November and the first week of December, 2005.

Despite all the delays and despite all the malaria and virus warnings about visiting the Dominican Republic, we will be going and are, in fact, looking forward to the visit.

Sorry about my delay in responding to your question, but I wanted to keep a low profile during the 'negotiations'.

James Atherton · Mar 7, 2005

Robert said:
I think your chances are slim to zero. This is not the USA and to be honest I have never heard of anyone successfully suing a resort/hotel here.

After many, many e-mails and a few telephone calls, the resort has agreed, through their lawyer, to provide the two of us with a TWO-week all inclusive vacation at their resort; both sides have agreed on the last week of November and the first week of December, 2005.

Despite all the delays and despite all the malaria and virus warnings about visiting the Dominican Republic, we will be going and are, in fact, looking forward to the visit.

Sorry about my delay in responding to your question, but I wanted to keep a low profile during the 'negotiations'.

Lechero · Mar 7, 2005

Did the settlement come with a few boxes of Imodium and Cipro for your "Free" trip? This kind of reminds me of the Seinfeld episode when Jackie Childs represents Kramer and settles on lifetime Cafe Late'!

Fiesta Mama · Mar 7, 2005

Having worked in the personal injury/product liability/civil lawsuit, etc. field ...

for many years, let me add that you also probably would have gotten faster results if you had written a letter to the tour operator in Canada or the U.S. through whom you originally purchased your holiday. I must say that I am very very surprised at the outcome considering the country you are dealing with and the fact that proving you had food poisoning would be next to impossible. Like they say.... the squeaky wheel gets the grease! Well done and well deserved and in my opinion a far better result than you would have got from years of legal battles where, more than likely, your legal bill would be more than the settlement as is the case I usually see and just shake my head!

Gregg · Mar 8, 2005

Dog Vomit

Dogs are funny creatures. Just like people, they develop an epicurean bent with their food. Given the choice, rabbits and raccoons are usually aged at least 3-4 days in the sun before eating. Deer meat they like really fresh...still warm... or very old.

Sometimes, the go too far and can't resist the meat that is rotting on the bone. Like a Frenchman with an old, musty cheese, they relish the pungency of the flesh.

So the dog gets a little sick, eats some green grass, and pukes it up. The difference between people and dogs is this:

THE DOG EATS THE VOMIT. HE CAN'T LEAVE IT ALONE.

He's gotta' have one more try at that stinky mess. I've seen dogs repeat this process with the same original meat and vomit. Sometimes, other dogs come on the scene and want a taste.

Look forward to your post late in 2005 about being airlifted to the hospital, IV bags etc..

James Atherton · Mar 8, 2005

Fiesta Mama said:
for many years, let me add that you also probably would have gotten faster results if you had written a letter to the tour operator in Canada or the U.S. through whom you originally purchased your holiday. I must say that I am very very surprised at the outcome considering the country you are dealing with and the fact that proving you had food poisoning would be next to impossible. Like they say.... the squeaky wheel gets the grease! Well done and well deserved and in my opinion a far better result than you would have got from years of legal battles where, more than likely, your legal bill would be more than the settlement as is the case I usually see and just shake my head!

Tried to go through my travel agent, except ... I booked online!!! Nobody there to help!

Rocky · Mar 8, 2005

You still haven't told us which resort....

ricktoronto · Mar 8, 2005

James Atherton said:
After many, many e-mails and a few telephone calls, the resort has agreed, through their lawyer, to provide the two of us with a TWO-week all inclusive vacation at their resort; both sides have agreed on the last week of November and the first week of December, 2005.

Despite all the delays and despite all the malaria and virus warnings about visiting the Dominican Republic, we will be going and are, in fact, looking forward to the visit.

Sorry about my delay in responding to your question, but I wanted to keep a low profile during the 'negotiations'.

Do yourself (and us) a favour since the vacation is free, buy Dukoral oral anti-cholera/anti-e.Coli vaccine and take it 14 days before you go and at least you prevent the trots. Also your Hep A vaccine or immune globulin.

James Atherton

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