Tour Operator Negligence Claims – Recent Court Case Affirms Victims’ Rights

The United States District Court in Massachusetts recently affirmed the rights of victims of tour operator negligence to pursue legal claims. The plaintiffs, personal representatives for the Estate of Harvey Marron, sought to hold accountable a tour operator and Massachusetts travel agent for their actions in relation to a hot air balloon crash in the Serengeti.

In Weinberg v. Grand Circle Travel, Et al (September 19, 2012), Judge William Young affirmed the principle of tort law that every person and entity has a duty to exercise reasonable care to avoid physical harm to others. Thus, travel agents and others involved in the planning of trips and excursions are liable for their own negligent acts, for example the negligent or careless selection of a dangerous contractor.

Moreover, the court referenced a Massachusetts regulation which specifically addresses the duties of sellers of travel services (940 Mass. Code Regs. 15.00), which prohibits sellers from engaging in deceptive or misleading business practices. A violation of any provision of the regulation is an unfair or deceptive practice, potentially exposing the violator to double or triple damages, as well as an award of attorneys’ fees to plaintiffs.

At the Boston law office of Swartz & Swartz, P.C., our injury attorneys are at the forefront of protecting victim’s rights in personal injury cases, such as those seeking justice for tour operator negligence. Careless hiring of staff, failure to train and supervise staff and failure to ensure that security is adequate to protect guests, patrons, or residents can result in serious injuries, emotional scars, and even wrongful death. We are committed to ensuring that the victims of negligence are compensated for their injuries and losses. If you or a family member has suffered significant personal injuries, or if a loved one has suffered a wrongful death, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732. Our attorneys are here to answer your questions and protect your legal rights.

 

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