Both domestic and international travelers are often exposed to unique risks and dangers not common to other activities or industries. In the course of travel, direct control over the safety and welfare of travelers is effectively transferred to others (often unknown third parties). In some instances, the law imposes “strict liability” upon these third parties, whereas in other circumstances, there must be fault on the part of the third party before a traveler may recover damages for injury or harm.

However, the issue of travel safety invokes more consideration than merely the identification of potentially liable parties. Of particular concern is the myriad of complex bodies of law that affect different aspects of travel safety, e.g., maritime law, aviation law, hotel law, consumer law, etc. This is further complicated in instances of international travel, which may invoke questions of jurisdiction and choice of law rules.

Inside Safety