A Quebec-based tourist is seeking $200,000 in damages from Canadian tour operator Sunwing following a harrowing accident in Cuba. Caroline Perreault is holding the company accountable not only for the physical injuries she sustained but also for the emotional trauma incurred. While vacationing in Cayo Guillermo in April 2024, Perreault suffered severe injuries when a dilapidated pergola on the beach by the Starfish hotel collapsed on her.
Perreault's pursuit of justice and compensation has been met with legal complexities and ambiguous responses from those involved. Her case highlights the challenges faced by tourists seeking accountability for accidents abroad.
Perreault's Struggle for Justice After a Vacation Disaster
On April 9, 2024, what was supposed to be a peaceful getaway to Cayo Guillermo turned into a nightmare for Caroline Perreault. While enjoying the beach with her partner, Gilbert Therrien, and a friend, she was severely injured by the collapse of a worn-out pergola at the Starfish hotel. Reflecting on the incident, Perreault shared with Radio Canada, "I looked around for my partner to tell him, 'I'm leaving, I love you' [...] I was truly dying."
The Physical and Emotional Toll of the Accident
The accident left Perreault with three fractured vertebrae, a concussion, and acute post-traumatic stress disorder. Her evacuation was fraught with difficulties, as makeshift ambulance transport between Cuban hospitals proved to be "horrible." "It was the worst week of her life," her partner recounted, highlighting the dire conditions: lack of clean water, medicine shortages, and unbearable pain. "A nurse had to go into the community to find medication because the hospital was running out," Therrien added.
Ultimately, Perreault was flown back to Quebec via air ambulance and underwent major surgery to fuse four vertebrae in her lower back. "I now have two metal rods that will be there for life, and two other fractures in the upper back that can't be operated on," she explained.
Legal Hurdles in the Quest for Compensation
Seeking justice, Perreault has initiated legal action against Sunwing, demanding $200,000 in compensation. "It's not a small thing to suffer such losses [...] physical, financial, and emotional," she stated. The accident has drastically altered her life, necessitating ongoing psychiatric and physical therapy. Her physical limitations forced her to abandon plans for a second career in massage therapy after retirement. "It's a huge loss," she lamented, as her business, opened in 2023, now only allows for part-time operation.
Determining Accountability: A Complex Legal Web
Pinning down legal responsibility for the accident is challenging. The Starfish hotel, where the incident occurred, is managed by the Canadian chain Blue Diamond, yet the property belongs to the Cuban government. Sunwing has deferred Perreault's claim to its insurer, Zurich, which argues it cannot verify ownership of the hotel or its structures. "It's easy to wash your hands and say: 'We can't investigate, that's in Cuba,'" Therrien criticized.
Personal injury lawyer Alexandre Brosseau-Wery noted, "The owner is always responsible for damage resulting from the ruin of their building. [...] There is clear negligence: facilities must be safe. A pergola should not suddenly collapse." However, the fact that the accident occurred at a hotel different from the one where Perreault was staying complicates her claim. "If the incident had happened at her hotel, the legal situation would be more straightforward, as the tour operator could be held liable," Brosseau-Wery added.
Chantal Asselin, a friend of the couple, confirmed that the condition of the Starfish hotel has been "deteriorating for years and is getting worse because repairs are not made, just patched up." After the accident, the hotel’s pergolas were demolished and replaced.
Can the Cuban Government Be Held Accountable?
Legal experts caution that suing the Cuban government would be "extremely challenging." "People are traveling to a foreign country where there is a different legal system with actors not domiciled in Quebec," explained attorney Bissonnette. In the absence of responses from hotel officials, Perreault sent her claim, translated into Spanish, to two executives of the establishment. She has yet to receive any reply. Sunwing has merely reiterated that the accident occurred on "a public beach in front of another nearby hotel," without accepting responsibility.
Nearly a year after the accident, Perreault continues to grapple with physical and emotional pain, facing indifference from the involved companies. "There was a before and after. I'm still dealing with the aftermath, reclaiming the losses I suffered," she expressed. The tourist, focused on her recovery, regrets the lack of support from the tour operator.
Legal and Safety Concerns for Tourists in Cuba
What legal challenges do tourists face when seeking compensation for accidents in Cuba?
Tourists often encounter complex legal systems and jurisdictional issues that make it difficult to hold local parties accountable. The legal framework differs significantly from those in North America, complicating claims against foreign entities and governments.
Can Canadian tourists sue the Cuban government for accidents occurring on its property?
Suing the Cuban government is extremely difficult due to the distinct legal system and the challenges in establishing jurisdiction over a foreign sovereign entity. Legal experts caution against the complexities involved in such cases.
How does the condition of hotel facilities affect tourist safety in Cuba?
The deteriorating condition of hotel facilities poses significant safety risks to tourists. Inadequate maintenance and repairs can lead to accidents, as seen in the case of collapsing pergolas at the Starfish hotel.