# Slip and Fall in Thailand Timeshare?



## ValHam (Mar 10, 2014)

I had a slip and fall in a five star timeshare in Phuket - Unfortunately I have a shoulder fracture and 2 shoulder tears

Have required several visits to hospital - mri's because shoulder tears do not show up on regular xrays

Would appreciate any help whatsoever in how to deal with this legally -I have had alot of out of pocket expense and may require surgery once I get home -

Has this happened to anyone else?  Do I use a lawyer in Phuket or a lawyer back home?  

Can anyone refer a lawyer in Thailand for me or a lawyer in Canada or anywhere that would handle such a case?

I have consulted a lawyer in Phuket but I am not sure this would be the best 
lawyer to hire - Although the lawyer speaks English I know nothing else about the firm They also want 15 thousand upfront to take this case 

Any help would be appreciated Thank you kindly


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## am1 (Mar 10, 2014)

Best of luck.  

Did you purchase the travel on a credit card that covers travel emergencies?

I would not pay $15 000 up front to any lawyer in Thailand.


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## Tacoma (Mar 10, 2014)

Perhaps your work coverage includes travel insurance.  I know mine does.

Joan


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## Dandc3 (Mar 10, 2014)

ValHam said:


> I had a slip and fall in a five star timeshare in Phuket - Unfortunately I have a shoulder fracture and 2 shoulder tears
> 
> Have required several visits to hospital - mri's because shoulder tears do not show up on regular xrays
> 
> ...



It will be an uphill battle suing them. I live in the Philippines & have been to Thailand many times. I would try dealing with the hotel directly especially if they have branches in N. America. At least medical care in Thailand is very good & cheap, it is much better than what we have available here.  Good luck whatever route you choose.


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## Passepartout (Mar 10, 2014)

You *DID* buy travel health insurance didn't you??? Being Canadian, does your health plan cover you out of the country? Iirc it does, but is time limited. Anyway, I'm afraid from a legal standpoint, you are sailing uncharted seas. We wish you good luck and best wishes for a complete recovery.

Jim


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## easyrider (Mar 10, 2014)

Passepartout said:


> You *DID* buy travel health insurance didn't you??? Being Canadian, does your health plan cover you out of the country? Iirc it does, but is time limited. Anyway, I'm afraid from a legal standpoint, you are sailing uncharted seas. We wish you good luck and best wishes for a complete recovery.
> 
> Jim



Its posts like these that makes me a believer in travel insurance. 

My signature card has a travel assistance benifit. 
http://usa.visa.com/personal/card-benefits/credit-card/emergency-assistance.jsp

My amex has travel assitance and some protection but all I have ever used is the rental car protection.
https://www.americanexpress.com/lacidc/en/laccards/assistancetravel.shtml

I dont know what is available for you people in Canada. I have heard stories that Tailand has some of the best and lowest cost hospitals in the world. 

Good Luck
Bill


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## ValHam (Mar 10, 2014)

I do have trip medical insurance with one company and trip interruption with another company

My trip medical insurance wants to get me out of Asia on the next flight

They have told me they shall not pay for mri only some of the hospital expense

I realize that my medical insurance does not want to pay and that is why they are wanting me to return home

I also realize the mri are quite costly in Canada and you have to wait and wait

I did have an mri at Phuket hospital which showed tears in my shoulder - regular xray only showed fracture

However the specialist at the hospital in Phuket said Ishould follow up with another mri approx a month later so I scheduled another one here because it is alot cheaper than Canada

My concerns are legal now -Anyone know of a decent lawyer -
I probably shall try to first deal with  hotel - big hotel 5 star timeshare -  thanks kindly for suggesting that - However -Imay require surgery and if I  don't get anywhere with hotel chain any suggestions. Thanks kindly


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## Jimster (Mar 10, 2014)

*Legal*

Well as a lawyer in Illinois, I can tell you unless you are dealing with a US or Canadian corporation as the defendant, you should sue in Thailand.  Having said that, 1. I would not pay $15K up front, 2. I would not trust the Thai legal system to give me redress.  3.  The facts are meaningless- the issue is what can you prove in court.  While i suspect there is a possibility to appear by some type of affidavit, the truth probably is you would have to appear i court to get redress (do you want to come back?).  4.  The medical insurance is your best bet-maybe even homeowner's insurance could be tapped.  5.  The really sad news is that there are times when no legal system will provide you with redress.  When the costs outweigh the potential award, you just have to bite the bullet.  6.  I am truly sorry for you misfortune-it could have happened to any of us and is instructive to that end.


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## thheath (Mar 10, 2014)

My trip medical insurance wants to get me out of Asia on the next flight.


This^^^^


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## BJRSanDiego (Mar 11, 2014)

*Cut your losses and leave*

I think that you should probably just leave the country and return home and start your healing process.

When home, go to someone who specializes in shoulder surgery.  Bring a digital file of your MRI.  Perhaps it will be helpful.  Perhaps not.

Some tears need surgery as they will never heal.  But some tears do NOT need surgery and will heal themselves.  That is what my shoulder surgeon told me after I injured my shoulder.


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## am1 (Mar 11, 2014)

Was the slip and fall your fault or the hotels?


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## Rent_Share (Mar 11, 2014)

Keep in mind most hotels are franchises/licensees so I wouldn't count on the deep pockets of the hotel brand


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## ronparise (Mar 11, 2014)

am1 said:


> Was the slip and fall your fault or the hotels?



Thats the question I wanted to ask, but didnt have the nerve....Why do we assume that a legal remedy is appropriate???,,,according to one legal website

_Who is responsible for an injury resulting from a slip and fall accident? Many thousands of people are injured each year -- some very seriously -- when they slip or trip and fall on a dangerous floor, a flight of stairs, or a rough patch of ground. Sometimes the property owner is responsible for the accident, and sometimes he or she is not._


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## CarolF (Mar 11, 2014)

Sorry to hear about your accident and injuries.  You need to carefully read your travel insurance policy and determine what your rights and responsibilities are. 

The standard of medical facilities throughout Thailand varies. Private hospitals with international standard facilities can be found in Bangkok and other major cities but services can be limited elsewhere. Private hospitals generally require confirmation of insurance or a guarantee of payment before admitting you. Costs can be very expensive. 

Canada is ranked as number 9 on the corruption index, you might imagine the differences in a country ranked at 88.  Do not pay any money to a Thai lawyer nor allow anyone to think you have $15 000 available.  

http://www.theguardian.com/news/dat...uption-index-2012-transparency-international#


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## Beaglemom3 (Mar 11, 2014)

I am sorry to hear about your injury. Have had a bad slip/fall myself with fractures. I empathize with you.

My thoughts:  You will have to prove that the timeshare was somehow negligent and this negligence caused your fall (loose tiles, faulty handle grip, leaking pipes, etc. ) How/why you fell is central. Your fall does not immediately convey legal liability to the timeshare.

You may want to contact the timeshare's insurance company right away if you feel your injury was due to negligence or similar. Also, you can see if your medical insurer and/or homeowner's insurance can "duke it out" with the t/s insurer. 

Please do not construe this as legal advice. Just advice from an experienced injured person.

Make sure you get a copy of your MRI film and medical notes to bring back with you.


-


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## ValHam (Mar 11, 2014)

I have decided to try and deal with the hotel - They did awknowledge the fall and were very nice to me .  It was definitely not my fault

The travel insurance is a real headache as well - they want pre approval for everything 

I think they are trying to get out of paying for hospital tests etc 

I am certainly not going to pay the lawyer I consulted upfront all that cash -
However, I may require a lawyer in Phuket if I do not get all the bills paid by the insurance company.  Thanks kindly


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## ace2000 (Mar 11, 2014)

ValHam said:


> I have decided to try and deal with the hotel - They did awknowledge the fall and were very nice to me .  It was definitely not my fault



Is the hotel going to assume any of the responsibility for the bills?  

Sorry that your accident occurred.  Please keep us posted of the future developments.  I think your information could be helpful to all of us.

Good luck!


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## Beaglemom3 (Mar 11, 2014)

I think it's the hotel's insurance company that you should be dealing with.

This way you'll know that your claim has been filed (hopefully).


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## Passepartout (Mar 11, 2014)

Color me a bit naive. I always thought that if one experiences an accident, item one of the agenda is to get medical care and/or minimize additional damage. THEN contact insurance, yours (travel & homeowner's), the hotel/timeshare's carrier. Finally, if the various insurances figuratively stand in a circle pointing at one another saying "It's their fault/responsibility, not mine." THEN, it's time to be hiring attorneys, and considering lawsuits. Not before even the medical tests are complete.

By all means, ValHam, keep us informed. An accident could happen to any of us. This is very instructional.

Again, we wish you a speedy and complete recovery.

Jim


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## Beaglemom3 (Mar 11, 2014)

This is supposedly Thailand's best hospital:

http://www.bumrungrad.com/ 

 There is a link to insurance at the bottom with a section on international travelers:  http://www.bumrungrad.com/en/plan-your-visit/insurance-what-we-accept


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## thheath (Mar 11, 2014)

Another question that comes to mind is the non-medical expenses, while your still in Thailand.  

Who's paying and how much for lodging, food, transportation, etc?


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## CarolF (Mar 11, 2014)

ValHam said:


> I have decided to try and deal with the hotel - They did awknowledge the fall and were very nice to me .  It was definitely not my fault
> 
> The travel insurance is a real headache as well - they want pre approval for everything
> 
> ...



If you do require a lawyer, please contact your embassy for a list of English speaking lawyers (or you can use my British embassy list below) and do not assume it is a guarantee of professional ability or integrity.  I would not recommend any Farang choose a lawyer without some sort of recommendation, nor would I suggest you try and deal with the Thai law system alone.

https://www.gov.uk/government/uploa...NAL_List_of_Lawyers__Updated_09_Oct_2013_.pdf


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## ValHam (Mar 11, 2014)

Everyone is being very helpful to me in this stressful situation  I did go to the Phuket and Bangkok hospital for first mri and consultations - I was told to rest my arm in a sling and take pain medicine - The problem I have now is the specialists at Bangkok hospital  said that usually the pain is less after a month but I shall require another mri to follow up if pain is not gone
However, my trip insurance company is stressing me out to no end - They want to send me home now.  Obviously  my trip insurance does not want to pay the costs of my  follow up treatment

I am somewhat in limbo but I have decided to go with the advice of these top specialists and ignore the emails from my trip insurance company - The b
bottom line is my well being and who is  responsible for the bills -The Bangkok orthopdic specialists also advised me that only after this second mri shall I know if I muscle tears in my shoulder require surgery - 

These specialists also advised me that no need to return home just follow up
My trip is 7 weeks long - I am now in Bali and have a scheduled mri at the Bali hospital next week.  

I am Canadian and it takes a year to get an mri in my city with our  public sysem.  I would have to go private for surgery if needed and the mri - could be thousands

This is why I had the mri done in Phuket Hospital - specialist and mri cost 500
u.s. The cost in Bali is also only 500.00 us -  specialist disc mri everything

I am not sure if the timeshare in Phuket is going to take responsibility for this slip and fall - However , when it happened the staff saw and called the hotel
nurse who advised me to go to the hospital 
The resort manager was very nice and had the area inspected and marked off within hours - Whether this 5 star resort takes responsibility - I don't know - I did however take pictures of my bruising and pictures of where it happened and the tape the resort manager had the staff put up.  It was clearly not my fault - However this is Thailand 

Anyway - I was not aware that my home insurance may cover costs outside Canada - Thanks again for all the help


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## e.bram (Mar 11, 2014)

What was the nature of the DEFECT that made you fall? Do you  have pictures ? If you weren't paying attention and fell , the TS might choose not to accept responsibility .


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## Passepartout (Mar 11, 2014)

I have been curious about this too. In Mexico when someone files suit for uneven pavement, slippery walkways, tripping hazards, etc., attorneys for the facility being sued set up cameras showing the 'hazardous' area and people stepping carefully, gingerly, and safely around the hazard, then they say the injured party was basically a klutz and injured themselves by not being cautious. Not saying this is the case referred to here, but that remains a possible defense.

I hope it works out for the OP. Thinking about possible injury puts a damper on a vacation to a wonderful part of the world with very friendly people.

Jim


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## CarolF (Mar 12, 2014)

ValHam said:


> These specialists also advised me that no need to return home just follow up
> My trip is 7 weeks long -* I am now in Bali and have a scheduled mri at the Bali hospital next week.  *
> 
> This is why I had the mri done in Phuket Hospital - specialist and mri cost 500
> ...



There are a lot of hospitals in Bali, some better than others.  I'd suggest you talk to the folks at BTF (Bali Travel Forum), it has a big, helpful Aussie expat community who may be able to help you stay safe and keep costs to a minimum.. 

http://www.balitravelforum.com/ Yes, it is funny and old fashioned but everyone likes it that way.

Under a consular services sharing agreement, the Australian Consulate General in Denpasar, Bali provides consular services to Canadians living and travelling in Bali.  They will assist you with medical info also.
http://www.bali.indonesia.embassy.gov.au/blli/medical.html

Street Address
Jalan Tantular No. 32
Renon, Denpasar, Bali, 80234
Indonesia

Telephone: +62 (361) 241 118
Fax: +62 (361) 221 195
E-mail: bali.congen@dfat.gov.au
Website: www.bali.indonesia.embassy.gov.au


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