By Matthew Villani
Each year, millions of individuals flock to foreign countries to visit family, vacation or conduct business. Unfortunately, the substandard conditions and regulations of those countries often cause these individuals to return home injured.
For example, in 2010, Joseph “Zeke” Rucker, a New Jersey resident and Rutgers University student was savagely beaten at a well-known resort in Cancun, Mexico. Mr. Rucker suffered severe injuries, including multiple fractures to his skull. However, the attack was never reported to Cancun police.[i] Another example, in February 2012, twenty-two passengers on a Carnival Splendor were robbed at gunpoint in Mexico as they traveled by bus to the Mexican port city of Puerto Vallarta.[ii]
New Jersey courts provide mechanisms that allow residents, in some instances, to bring suits in New Jersey when they are injured outside of the state. Regardless of whether the accident arose from the defendant’s activities in the State of New Jersey, if the defendant had “continuous and systematic contacts with the state”, they may be subject to New Jersey’s jurisdiction. [iii] For example, courts will look for “some act by which the defendant purposefully avail[ed] itself of the privilege[s] of conducting activities within the forum state, thus invoking the benefits and protections of its laws.” [iv] These contacts may be established by having offices in the state or advertising in the state. Additionally, when a traveler relies on the recommendations of a travel agent and suffers damage because of accommodations so totally unacceptable that any reasonable travel agent would have known not to make such recommendations, the travel agent is liable [for the injuries suffered by the individual].”[v]
Ginarte Gonzalez & Winograd, LLP successfully brought a claim against a Mexican hotel on behalf of New Jersey resident who was sexually assaulted during a massage by a hotel employee while on vacation in Mexico. In the case of A.R. v. Grupo Posad, S.A., the New Jersey Appellate Division agreed with the firm’s argument that although the Mexican hotel had no business premises in New Jersey and was not registered as a foreign corporation, it did advertise extensively in New Jersey by use of travel magazines, major airline vacation packages, direct solicitations to travel agencies and eight internet interactive websites.[vi] Based on these contacts with the State of New Jersey, we were able to successfully pursue a claim in the New Jersey courts.
Here at Ginarte Gonzalez & Winograd, LLP, we focus on representing NJ and NY accident victims and protecting their rights, even if they are injured outside of these states. Call our office at (888)-GINARTE or contact us online for a free consultation and we will make sure your rights are not lost.
[i] http://todaytravel.today.msnbc.msn.com/_news/2012/02/27/10518068-american-attacked-in-cancun-underscores-importance-of-spring-break-safety?lite [ii] http://overheadbin.msnbc.msn.com/_news/2012/02/24/10500812-22-carnival-cruise-passengers-robbed-at-gunpoint-on-ship-sponsored-tour-in-mexico [iii] Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414 (1984). [iv] Hanson v. Denckla, 375 U.S. 235, 253 (1958). [v] Schwartz v. Hilton Hotels Corp., 639 F. Supp. 2d 467, 474 (D.N.J. 2009). [vi] 366 N.J. Super. 420 (App. Div. 2004).