PI - Local standards

Mike85

New member
Nov 15, 2010
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I act for a client who slipped on a pool of water in a hotel in the Dominican Republic. I need to find out what the relevant local standards are so that I can determine whether or not simply based upon the facts of our client?s case, there is a prima facie breach of these local standards.

I would be grateful for advice on what the relevant local standards are.
 

cobraboy

Pro-Bono Demolition Hobbyist
Jul 24, 2004
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If your clients aren't Dominican citizens or residents they will have to post a substantial cash bond to sue.

And there are no punitive damage awarded in the DR as far as I understand.

And if you aren't better buddies with the judge than the other side's abogado, you're peeing up a rope. Good luck.
 

bob saunders

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Jan 1, 2002
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So you have a client that is sueing because they were too stupid or unaware of their surrounding to see water on the floor.
 

Mike85

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Nov 15, 2010
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The action is being brought in the UK and is against the travel company, not the hotel itself.

I was simply enquiring about any relevant health and safety regulations in the DR that may, or may not, be of assistance to the case.

If anyone could be of assistance it would be greatly appreciated.
 

cobraboy

Pro-Bono Demolition Hobbyist
Jul 24, 2004
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The action is being brought in the UK and is against the travel company, not the hotel itself.
Any company doing business in the DR like a travel company has to have a legal presence in the DR.

How is GB the venue for something that physically happened in the DR? I'll bet there are waivers, disclaimers and several layers of legal separation between the resort and your client.

What kind of "lawyer" are you to take a case without knowing exactly where some information is located, much less relying on an internet message board to find it?
 

Mike85

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Nov 15, 2010
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The holiday was booked with a tour operator in the UK. These type of claims are normally regulated by the holiday contract and the booking conditions, and it is possible in these situations to bring the claim against the UK tour operator in the UK courts.

Having dealt with holiday claims in other countries I know that local standards are often needed as part of the case. However, having never dealt with a claim specifically in the DR I am unsure what the relevant local standards are.

I am simply trying to find an English speaking personal injury lawyer in the DR who can advise on what these standards are. I was hoping someone who has a greater experience than I do could recommend someone rather than me just cold calling firms.
 

cobraboy

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Jul 24, 2004
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I am simply trying to find an English speaking personal injury lawyer in the DR who can advise on what these standards are. I was hoping someone who has a greater experience than I do could recommend someone rather than me just cold calling firms.
Dude, PI almost doesn't exist here, much less English speaking PI lawyers.

We hardly have any ambulances to chase here!

It's the Third Freakin' World! Caveat Emptor!

The Dominican Standard: "See that puddle? Don't step in it! You might slip and hurt yourself!"
 

Chip

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Jul 25, 2007
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I've never heard of a personal injury attorney here. I think the most anyone is compensated for an injury is the initial medical treatment and nothing beyond that.
 

Matilda

RIP Lindsay
Sep 13, 2006
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Try google dominican republic - google.com.do and then put in abogados da?os corporales. There are a few on there and you can always use google translate.

matilda
 
E

engineerfg

Guest
What's with all the negativity here people? Bizarre.

This has nothing to do with what the laws in DR are, or the fact that this is a third world country. Not everybody is as savvy as the people on this board in terms of what to expect in a country like DR. Many punters walk into their high street holiday makers and hear about the DR for the first time.

If the representations in the sales and marketing collateral in said retailer set false expectations, or don't adequately disclose the risks associated with coming to a place like this, then it seems perfectly acceptable to pursue some form of remedy if something goes wrong.

Put another way, the fact that everybody here is claiming that Dominican hotels are negligent about health and safety and that it's buyer beware -- could in it's own be grounds for a remedy - ie. the holiday maker could be liable for not disclosing the systemic negligence in this country when it comes to safety standards.


Anyways, Mike85! I can share just 2 things from personal experience:

1. I shared a flight with an exec from Air Canada Vacations a few years ago. His comment was that ACV every year reviews and audits the resorts in Punta Cana that they list in their catalogs and frequently removes ones that don't pass their safety requirements.

Some scenarios and requirements he discussed (from memory, and may seem random) were things like:

a) what the ratio of rooms to de-fibrulators was

b) accessibility to a firetruck - if there was going to be new years eve fireworks at the hotel

c) vendor management process for local 'excursion tour operators'

d) review of domestic planes used (some tour operators were offering short day flights + diving experiences) etc.

My recommendation would be -- if you're pursuing a legal remedy against a tour operator, surely the same or other tour operator would have their own internal safety review of each resort that they package/sell to consumers in the UK.


2. I've only stayed at 3 local hotels/pools that are western friendly (let's say 4 or 5 star joints). All the pools have some documentation on the side in english, things like 'no running, no naked sun bathing etc'. Nobody pays attention, but there is documentation there. Which would suggest that there's probably internal documentation for the cleanliness of said pools.

If you're physically here, you could go down to some of the American owned chains like Hotel Jaragua (marriot) or maybe the hilton, and ask the pool people nicely if they have a manual that discusses health and safety procedures...


my 2 cents.
 
Mar 2, 2008
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I think some of the negativity stems from an overriding dislike of frivolous lawsuits, and based on what has been posted, it appears this is an example of this type of activity.

Of course, that might be an incorrect assumption, but it's just the way it appears.

In addition, frivolous lawsuits involving the tourist industry in the DR tend to have a less than positive impact on that industry. To some of us, filing frivolous lawsuits just doesn't seem like the right thing to do.
 
E

engineerfg

Guest
Frivolous is subjective term. Also the industry also can't have it both ways. If this is a 'rough and tumble' country, then stop going after high street ma and pa consumers and positioning it as a safe daytona beach with better music.
 
May 29, 2006
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It's lawsuits like this that will also discourage tour operators from sending anyone to the DR. They'll push cruises instead since the ship operators have deeper pockets and inheirently higher safety standards(aside from the occational fire!). There is no way a small hotel in the DR could ever meet these standards without charging all-inclusive prices.
 

cobraboy

Pro-Bono Demolition Hobbyist
Jul 24, 2004
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I think some of the negativity stems from an overriding dislike of frivolous lawsuits, and based on what has been posted, it appears this is an example of this type of activity.

Of course, that might be an incorrect assumption, but it's just the way it appears.

In addition, frivolous lawsuits involving the tourist industry in the DR tend to have a less than positive impact on that industry. To some of us, filing frivolous lawsuits just doesn't seem like the right thing to do.
I guess some folks think what the DR ~really~ needs are some PI lawyers and a few good slip 'n fall lawsuits.

That'll bring it into First World status.

Yup, what the DR needs is a higher defil..defrib...err...defracytibulators-to-room ratio, and signs next to pools with the hourly uric acid test results, tight vendor management*, licensed and inspected roadside food vendors and a new gaggle of bureaucrats to make *sure* of compliance.

No doubt we'll be seeing "do not use in bathtub" warnings on hair blowers, "do not stick this end into eye" sitickers on knife blades and "not for human consumption" labels on gasoline pumps shortly thereafter...











*I have no idea what this means...:cheeky:
 
E

engineerfg

Guest
haha all sarcasm aside cobraboy, if the industry wants the disneyland crowd, it needs to play by the disneyland rules. I don't see anything wrong with that. They could always position it as:

Vacation in DR for your 3 S's: Sun, Sand, Sankies
 
E

engineerfg

Guest
It's lawsuits like this that will also discourage tour operators from sending anyone to the DR. They'll push cruises instead since the ship operators have deeper pockets and inheirently higher safety standards(aside from the occational fire!). There is no way a small hotel in the DR could ever meet these standards without charging all-inclusive prices.

You've been in DR too long - the Western free market sure looks like a bitch - with it's self correcting profit retaining consumer protectionism - but boy does it work really well!
 

bob saunders

Platinum
Jan 1, 2002
32,594
6,012
113
dr1.com
What's with all the negativity here people? Bizarre.

This has nothing to do with what the laws in DR are, or the fact that this is a third world country. Not everybody is as savvy as the people on this board in terms of what to expect in a country like DR. Many punters walk into their high street holiday makers and hear about the DR for the first time.

If the representations in the sales and marketing collateral in said retailer set false expectations, or don't adequately disclose the risks associated with coming to a place like this, then it seems perfectly acceptable to pursue some form of remedy if something goes wrong.

Put another way, the fact that everybody here is claiming that Dominican hotels are negligent about health and safety and that it's buyer beware -- could in it's own be grounds for a remedy - ie. the holiday maker could be liable for not disclosing the systemic negligence in this country when it comes to safety standards.


Anyways, Mike85! I can share just 2 things from personal experience:

1. I shared a flight with an exec from Air Canada Vacations a few years ago. His comment was that ACV every year reviews and audits the resorts in Punta Cana that they list in their catalogs and frequently removes ones that don't pass their safety requirements.

Some scenarios and requirements he discussed (from memory, and may seem random) were things like:

a) what the ratio of rooms to de-fibrulators was

b) accessibility to a firetruck - if there was going to be new years eve fireworks at the hotel

c) vendor management process for local 'excursion tour operators'

d) review of domestic planes used (some tour operators were offering short day flights + diving experiences) etc.

My recommendation would be -- if you're pursuing a legal remedy against a tour operator, surely the same or other tour operator would have their own internal safety review of each resort that they package/sell to consumers in the UK.


2. I've only stayed at 3 local hotels/pools that are western friendly (let's say 4 or 5 star joints). All the pools have some documentation on the side in english, things like 'no running, no naked sun bathing etc'. Nobody pays attention, but there is documentation there. Which would suggest that there's probably internal documentation for the cleanliness of said pools.

If you're physically here, you could go down to some of the American owned chains like Hotel Jaragua (marriot) or maybe the hilton, and ask the pool people nicely if they have a manual that discusses health and safety procedures...


my 2 cents.

The slipped in a pool of water, not a swiming pool. We don't have enough detail. Was it raining, was it by the beach shower, was the person drunk, disabled...etc. How any of this would be the travel agencies fault is beyond me.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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We have worked with several law firms in the UK on this issue providing them with legal opinions for UK courts. In a nutshell, the hotel may be liable under two different doctrines: 1) negligence (arts. 1382 and 1383 of the Civil Code) and 2) custody of an inanimate object (art. 1384, paragraph I): under Dominican law the owner or custodian of an inanimate object that causes harm is automatically liable unless the custodian can prove force majeure or the fault of the victim or a third party.

Guzman Ariza Law Firm in the Dominican Republic
 
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