compensation for injury sustained at resort in Mexico

In Canada
Last Updated: Jan 6, 2026
On December 6 2025 my wife sustained a serious injury at an all inclusive resort in Mexico. Dislocated ankle and 2 broken bones above the ankle. Shortly after arriving at the resort my wife slipped and fell on a very slippery area rug beside the bed. She was an in-patient at the local hospital. The resort promised us compensation for the ruined vacation and all the pain and suffering. It looks like they are not following through on their promise.

Lawyer Answers

Ascendance International Consulting (A-I-C)

Ascendance International Consulting (A-I-C)

Jan 10, 2026
You have a strong claim under Mexican civil‑responsibility law (the Ley de Responsabilidad Civil del Estado y de los particulares) because the resort’s premises were unsafe—an unsecured rug that caused a slip‑and‑fall resulting in a dislocated ankle and two fractures—and the resort’s own admission that it will compensate creates a contractual promise that can be enforced; to move forward, promptly gather all evidence (medical records, photos of the rug and injury, the resort’s written offer or any emails promising compensation, receipts for travel, lodging and medical expenses, and witness statements), then send a formal demand letter—preferably drafted by a Mexican‑licensed attorney—to the resort’s management specifying the total damages (hospital bills, future orthopedic care, lost wages, pain‑and‑suffering quantified according to Mexican jurisprudence) and giving a clear deadline (e.g., 15 days) for payment before initiating legal action; if the resort ignores the demand, you can file a civil suit in the local tribunales de primera instancia (the resort’s jurisdiction is usually the municipality where it is located) within the applicable prescription period (generally one year from the date of the injury for personal‑injury claims in Mexico), and you may also consider filing a complaint with the Mexican tourism consumer‑protection agency (PROFECO) or, if you traveled from the United States, pursuing a claim in a U.S. court under the doctrine of forum non conveniens or via a treaty‑based “foreign‑state” claim. Let us know if you need help to navigate the procedural rules, translate documents, and represent you in court or settlement negotiations.
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