Do we have a wrongful death case against resort?

[Bsequin]

Massachusetts

My wife, mother-in-law, and I lost my father-in-law (62) in Punta Cana at a resort within the first 12hrs of being there. He fell, hit his head, and proceeded to have a heart attack (not his first) on a resort dance floor. Professional Medical staff, supposedly on-site, took 45min-1hr to get to him. This happened about 3 years ago, but we all are still upset about how it was handled, and don't sleep because of the emotional stress. His death was caused by the resort activities and lack of prompt medical care. Any thoughts?

 

[Bsequin]

I'm aware that I may not have legal right here as I'm the son in-law , but my wife and mother in-law should.

 

[CdwJava]

Isn't Punta Cana in the Dominican Republic? Have you spoken to a personal injury attorney in that country about the possibility if a claim?

Prior cardiac issues would be a problem. Proving that prompt medical attention would have saved his life might be difficult. Proving that the resort PROMISED immediate access lifesaving medical facilities or access to such facilities while you were there might be much more difficult.

Given the time delay of three years, and the nature of the event as you describe, I cannot see that there is any real hope of a successful claim. But, your wife or mother-in-law can certainly call around the Dominican Republic and ask for attorneys that deal with the issue.

As a note, it appears that in the DR the statute of limitations for most personal injury claims is 6 months. Now, it MIGHT be possible to file suit in the US depending on the connection the resort might have to the US, but, for that you'd need to consult a local attorney - I presume in MA if that is where you are from. But, I wouldn't hold my breath on that one. Too much time has passed to make an effective case, I would think.

 

[Bsequin]

Thank-you, we are in the process of researching the resort, to see if it is US-owned.

Great advice

 

[CdwJava]

What proof do you have that the resort contributed to his death? A person with a prior cardiac issue falling on a dance floor and having a cardiac episode seems to be a very weak connection for liability. It could be argued that the fall was the resort of a cardiac event and not the other way around. You will also have to contend with the results of a coroner's report and findings by the authorities in the DR. Even if you CAN find some avenue to pursue the case in the US, you still need evidence! Merely falling and dying of a pre-existing medical condition is not sufficient to prove negligence.