When to Sue a Tour Operator

A tour injury can ruin a vacation. Sometimes, the injury incurred while on a tour is not due to traveler’s recklessness or negligence but due to the tour operator’s actions. In such a situation, the injured party may have a cause of action against the operator for the expenses associated with his injury.

The Basis for Responsibility

A tour operator holds himself out as an expert in a particular area and about traveling in general. He induces people to pay for his services by making them believe in his expertise. This inducement makes him legally liable for any injury that occurs during the scope of his tour, and potentially includes those things that he suggests for travelers that are not part of the tour but which would not be undertaken without his advice.

Courts impose liability for injury caused to others onto individuals that induce payment for their services based on boasts of expertise and knowledge. The rationale is that if the operator is knowledgeable about touring, he should also be knowledgeable about remaining safe while touring.

Injury Due To Operator Behavior

If the injury was caused because of the way the tour operator behaved, you most likely have a viable cause of action against. A tour operator is responsible for the safety of the individual travelers on the tour, particularly during those events when the travelers would not be participating in the activity or event without guidance from the operator.

Injury Due To Operator Suggestion

If the tour operator suggests an event or activity that ends up causing a traveler injury, that traveler might have a cause of action against the operator. The reasoning for this is that a tour operator should know which activities could potentially cause harm to those persons who have hired him for guidance.

This liability extends to those events a traveler undertakes at the operator’s suggestion even though the traveler participates in them on his free time. This is because there is little likelihood that the traveler would have engaged in the activity without the operator’s suggestion.

The Tour Operator Was Paid

The key to filing a personal injury lawsuit is that the operator was paid for his services. Courts view payment as an exchange of promises between the parties. The operator promises to guide the travelers and the travelers agree to pay him for his services. Voluntary services are not considered to have the same level of liability because there was no exchange of promises.

Getting Legal Help

If you were injured while on a tour and believe that the operator might be liable for your injuries, seek legal advice. An attorney will review the facts of your tour and injury and discuss with you whether or not the operator can be held responsible for your damages.

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