Slip and fall at Dreams Sands Cancun

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May 15, 2019
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#1
Very thankful that I found this site and hoping to find a bit of advice on how to proceed with a slip and fall accident at Dreams Sands Cancun, owned by Apple Leisure, out of Pennsylvania.

https://www.appleleisuregroup.com/

On the second day of my 5 day all-inclusive trip at Dreams Cancun, on my way to get coffee in the morning, 7am, I slipped and fell in a puddle of water in of the lobbies. There was no "Wet Floor" sign and I went down hard. There were staff in and around the area that saw it happen. Other staff quickly arrived and tried to take me back to my room. I declined and requested medical assistance. In the process of a on-call doctor seeing me, the hotel had me fill out an incident report then tried to get me to sign a release of liability form, which I swiftly explained I wasn't going to sign. Long-story-short, I was taken by ambulance to the hospital to make sure I didn't break or fracture my knee. Nothing was broken and when I returned the hotel said they arranged to pay the hospital bill. I didn't pay out of pocket, but I did give the ambulance my insurance information. I was told to take medicine and given a leg brace and told to stay off the leg and ice it. This pretty much ruined my vacation.

Anyway, I'm back home now (this happened on 5/11) and I've seen my own physician and I'll be going to the chiropractor today because now my back hurts too.

I'd really like compensation for my trip and any related costs for medical expenses, but I'm not sure how to best approach the issue with the company. Do I just send a letter?

I have pictures of everything.

Any advice would be greatly appreciated.

Thank you,
Nicole
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
18,117
16,250
113
New York
www.promalvacations.com
#2
Did you have travel insurance? You need to put in a claim if you do. That’s what insurance is for.


What other medical expenses or damages did you have? Did you have to see a doctor when you got home? Were you unable to use the facilities at the resort for the rest of the time there? No pool or beach? You need to show damages to be able to request money back for your stay. You would have a better case if you had to go home after the injury because you still used the resort and ate the food and drink.

Under our Company Contacts tab on top of the page, there is information under Travel Suppliers for Apple Leisure Group you can use to write to them but you need to prove you were unable to do anything else on your trip. If you posted pictures of yourself enjoying the resort, it might hurt your case.
 
Likes: bignevermo
May 15, 2019
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#3
Did you have travel insurance? You need to put in a claim if you do. That’s what insurance is for.


What other medical expenses or damages did you have? Did you have to see a doctor when you got home? Were you unable to use the facilities at the resort for the rest of the time there? No pool or beach? You need to show damages to be able to request money back for your stay. You would have a better case if you had to go home after the injury because you still used the resort and ate the food and drink.

Under our Company Contacts tab on top of the page, there is information under Travel Suppliers for Apple Leisure Group you can use to write to them but you need to prove you were unable to do anything else on your trip. If you posted pictures of yourself enjoying the resort, it might hurt your case.
Thanks for the quick reply.

No, I didn't have travel insurance and while I understand the concept of travel insurance, the fault lies with the resort and unsafe conditions. I'm not sure why I would buy insurance in case a resort did something wrong. However, yes, I saw my own dr. when I got home yesterday who has prescribed meds too. I'm going to see a chiropractor today or tomorrow.

I was able to be wheelchaired around sometimes, I used a cane provided by the hotel at the time, and I wore the leg brace that I got from the hospital at times. I was able to walk to and from the pool and to eat, and did ice on my knee poolside. I was not however able to walk long distances, which prevented us from going offsite for excursions and such.

I still used the pool which was recommended by the on-site doctor to work the knee. I have pictures of where the accident occurred, me being wheel-chaired around, and my poolside iced knee. I didn't POST any pictures of me anywhere doing anything.

No, I didn't go home after spending $2000 on a trip because I had a bum knee. Not to mention that would have cost me additonal money.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
18,117
16,250
113
New York
www.promalvacations.com
#4
Ok- use our company contacts and ask them to cover your dr. visits and the meds. You can ask for a partial refund but I wouldn’t ask for a full refund because you still used the facilities.

Good luck and let us know how you make out.
 
Sep 19, 2015
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#7
I think those resorts are individually owned and operated— Apple sells the vacations, an affiliate company AMR does the marketing and “brand management”, but each resort has its own owner.

Do you have health insurance that is covering the treatment even partially?
 
Dec 19, 2014
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#8
Your issue is that this occurred in Mexico, where consumer protection laws and limits of liability are not the same as in the United States. The amount that you are seeking as compensation is low enough that consulting with a lawyer is not going to be worthwhile.

You can request compensation from the company, but if they ignore you or tell you no, your options are very limited.
 
May 15, 2019
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#9
Your issue is that this occurred in Mexico, where consumer protection laws and limits of liability are not the same as in the United States. The amount that you are seeking as compensation is low enough that consulting with a lawyer is not going to be worthwhile.

You can request compensation from the company, but if they ignore you or tell you no, your options are very limited.
Thank you very much for your reply, Chris.
 

weihlac

Verified Member
Jun 30, 2017
1,769
1,765
113
Maui Hawaii
#11
"No, I didn't have travel insurance and while I understand the concept of travel insurance, the fault lies with the resort and unsafe conditions. I'm not sure why I would buy insurance in case a resort did something wrong. "

You buy travel insurance because "things happen" regardless of who is at fault. Your own health insurance likely does NOT cover your health expenses when outside the US. Suppose you had taken an outside excursion and simply fell on a hike and fractured your ankle. You would have been responsible for all of the costs related to your care without any insurance coverage.

And if an injury or illness made you unable to travel by commercial airline, you would have had the choice of remaining in Mexico until you could travel, or paying out of pocket for alternative transportation home, costing multiple tens of thousands of dollars.
 
May 15, 2019
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#12
"No, I didn't have travel insurance and while I understand the concept of travel insurance, the fault lies with the resort and unsafe conditions. I'm not sure why I would buy insurance in case a resort did something wrong. "

You buy travel insurance because "things happen" regardless of who is at fault. Your own health insurance likely does NOT cover your health expenses when outside the US. Suppose you had taken an outside excursion and simply fell on a hike and fractured your ankle. You would have been responsible for all of the costs related to your care without any insurance coverage.

And if an injury or illness made you unable to travel by commercial airline, you would have had the choice of remaining in Mexico until you could travel, or paying out of pocket for alternative transportation home, costing multiple tens of thousands of dollars.
Thank you for this information. I wasn't aware of how and why travel insurance is beneficial. This has been helpful.
 
Apr 27, 2018
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#14
I have a couple of thoughts.

1. You might want to talk to a lawyer, the trip was booked I assume in the US and it is an American company.

2. You always need travel health insurance when leaving the US.... always.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
18,117
16,250
113
New York
www.promalvacations.com
#15
I have a couple of thoughts.

1. You might want to talk to a lawyer, the trip was booked I assume in the US and it is an American company.

2. You always need travel health insurance when leaving the US.... always.
For a $2,000 trip the cost of an attorney will far outweigh the cost of the trip. This was not a serious injury and there is no permanent damage.
 
Apr 1, 2019
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#16
Speaking from experience the OP has crossed the line of goodwill gestures and writing to company contacts. Her references of being in a wheelchair, taking meds, and further medical treatment should stop any agent of the resort or booking company from saying one word. The OP should be referred to the legal counsel of the resort.

As a side note when someone has such thinking as to take a picture of where there was some water in the floor really strikes me as odd. If this water was just spilled by a guest or happened at a spot where people come in from the pool the resort really has no liability. Having a wet floor sign is not the magic answer everyone thinks it is.
 

jsn55

Verified Member
Dec 26, 2014
8,199
8,109
113
San Francisco
#17
What a horrible, rotten thing to happen on a vacation trip, Nicole. I can empathize with you and really appreciate your determination to enjoy as much of your trip as you possibly could. Everybody dreads an accident like this on a trip (It seems like I spend half my time looking at the ground when walking around). Having one in Mexico probably means that receiving any compensation will be an extremely uphill battle. But you shouldn't give up, follow my colleagues' suggestions ... be polite, patient and persistent. I am so sorry this happened to you.
 
May 15, 2019
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#18
Thanks again everyone. My knee is still painful and I'm headed to physical therapy again. I got overwhelmed thinking of the uphill battle and haven't done anything yet.

However, today I got a letter from my insurance company showing a claim of $3400+ for Ambulance transport. My copay would be $750. So I'm going to reach out to the contacts on this sitee.

Wish me luck.
 
Sep 19, 2015
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#19
Thanks again everyone. My knee is still painful and I'm headed to physical therapy again. I got overwhelmed thinking of the uphill battle and haven't done anything yet.

However, today I got a letter from my insurance company showing a claim of $3400+ for Ambulance transport. My copay would be $750. So I'm going to reach out to the contacts on this sitee.

Wish me luck.
$3400 for an ambulance in Cancun? This sounds very unreasonable and not the usual and customary prices......