Summer is a time for road trips, beach days, and international adventures—but what happens if your relaxing getaway ends in an injury? Whether you’re hurt at a local resort in Nova Scotia or while ziplining abroad, personal injury claims become more complex when travel is involved.
Here’s what to consider if you’re injured while on vacation:
Was Someone Else at Fault?
Personal injury claims generally rest on negligence. That means showing someone else failed to take reasonable care—like a hotel that didn’t fix a broken step, or a tour operator that ignored safety procedures. In Nova Scotia, this falls under well-established tort law principles, and you’ll need to show:
- Duty of care (e.g., hotel owners must keep their property safe)
- Breach of that duty (e.g., a wet floor with no warning sign)
- Causation (the fall caused your injury)
- Damages (medical bills, lost wages, pain and suffering)
This is also where Occupiers’ Liability comes in—property owners have a legal duty to maintain safe premises for guests under Nova Scotia’s Occupiers’ Liability Act.
Are You Covered?
If you’re injured while travelling, the first question is usually: Do I have coverage?
- Provincial health care may cover emergency medical care within Canada but usually won’t help abroad.
- Travel insurance can cover out-of-province care, hospital stays, medical evacuation, and even legal fees—but only if you bought the right plan and followed the terms.
- Some credit cards offer travel coverage, but it’s essential to read the fine print.
Tip: If you’re travelling, especially out of the country, don’t assume you’re covered. Read your policy and ask questions before you leave.
Where Do You File a Claim?
Getting injured in another country (or even another province) adds legal complexity. You’ll need to consider:
- Jurisdiction: Which court has the authority to hear your case? It may be the country where the injury occurred.
- Applicable law: Even if you’re Canadian, the local law often applies. Standards of care, types of damages, and filing deadlines can be very different.
- Limitation periods: Every jurisdiction has time limits for starting a claim. These vary widely and may be as short as one year.
If the injury occurred during a flight, on a cruise, or as part of a package tour, international conventions (like the Montreal Convention) may apply and impose their own timelines and compensation limits.
Get Legal Advice—Quickly
Injuries while travelling can involve:
- Different laws
- Different courts
- Different insurance rules
- Language barriers
If you’re injured while on vacation, it’s a good idea to speak with a personal injury lawyer as soon as possible—even if you’re still away. Gathering evidence early (e.g., photos, witness info, medical records) and understanding your legal options can make a major difference down the road.
Bottom Line
A summer injury doesn’t have to ruin everything—but it’s critical to understand your rights and act quickly. Check your insurance, know your legal deadlines, and reach out to a personal injury lawyer if you’re unsure of what to do next.
We’re here to help if you have questions about injuries in Nova Scotia, elsewhere in Canada, or while travelling internationally.
If you’ve been injured on vacation, reach out to MDW Law’s Personal Injury team for a complementary consult to understand your rights and obligations.