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A Quebec tourist who suffered an accident in Cuba is now claiming $200,000 from the Canadian tour operator Sunwing, which she holds responsible not only for the physical injuries incurred but also for the moral damages.
Caroline Perreault, who was on vacation in Cayo Guillermo in April 2024, was seriously injured when a deteriorated pergola located on the beach next to the Starfish hotel collapsed on her.
Since then, their struggle for justice and compensation has been hindered by a complex legal framework and a lack of clear responses from the parties involved.
Caroline Perreault's legal battle for justice and compensation
On April 9, 2024, what was supposed to be an idyllic trip to Cayo Guillermo, Cuba, turned into a nightmare for Caroline Perreault.
The Quebec tourist, who was enjoying the beach with her partner, Gilbert Therrien, and a friend, suffered a terrible accident when a dilapidated pergola from the Starfish hotel collapsed on her, leaving her seriously injured.
"I looked around for my partner to say: 'I'm leaving, I love you' [...] I really felt like I was dying," Perreault recalled about the tragic moment, according to statements collected this week by Radio Canada.
A devastating medical diagnosis
The impact caused him to fracture three vertebrae, sustain a concussion, and develop acute post-traumatic stress disorder.
Caroline's evacuation was another ordeal. The transfer in an improvised ambulance between Cuban hospitals was "horrible."
"It was the worst week of his life", his partner stated, describing precarious conditions: lack of drinking water, shortage of medications, and unbearable pain.
"There was a nurse who went to get medications from the community because they were running out of medicines at the hospital," Therrien added.
Finally, Caroline was repatriated to Quebec on a medical evacuation flight and underwent major surgery to fuse four vertebrae in her lower back.
"Two metal rods that, unfortunately, will be there for the rest of my life. And I have another two fractures in the upper part of my back, which are not operable," explained the affected individual.
The battle for compensation
Caroline's physical and emotional pain led her to engage in a legal battle against the Canadian tour operator Sunwing, from whom she is demanding compensation of $200,000.
"For me, it's not a big deal to have suffered losses of such magnitude [...], physical, financial, and emotional losses," he stated.
As a result of the accident, her life changed drastically. She has needed ongoing psychiatric treatment and physical therapy. She claims that a simple gust of wind terrifies her since the accident.
Her physical limitations also forced her to give up her dream of pursuing a second career in massage therapy after retirement. "It's a big loss," she lamented, as her business, which opened in 2023, now only allows her to work part-time.
Who is responsible?
Determining legal responsibility for the accident is complicated, according to the Canadian media.
The Starfish hotel, where the events took place, is managed by the Canadian chain Blue Diamond, but the facilities are owned by the Cuban government.
Sunwing has transferred Caroline's claim to its insurer, Zurich, which argues that it cannot verify the ownership of the hotel and its structures. "It's easy to wash your hands and then say, 'We can't investigate, that's Cuba,'" Therrien criticized.
According to lawyer Alexandre Brosseau-Wery, an expert in personal injury, "the property owner is always responsible for the damages resulting from the collapse of their building. [...] Clearly, there is negligence: the facilities must be safe. It is not normal for a pergola to suddenly collapse."
However, the fact that the accident occurred at a hotel different from the one contracted by Caroline complicates the lawsuit.
"If the incident had occurred at their hotel, the legal situation would be much simpler, because the tour operator could be held accountable," Brosseau-Wery added.
Chantal Asselin, a friend of the couple, confirmed that the condition of the Starfish hotel is "outdated for years and getting worse because they don't repair what breaks, they just patch it." After the accident, the pergolas were demolished and replaced.
Can the Cuban government be sued?
Legal experts warn that filing a lawsuit against the Cuban government would be "extremely difficult."
"People travel to a foreign country where a legal regime different from ours exists, with actors who are not domiciled in Quebec," explained lawyer Bissonnette.
In the absence of responses from the hotel management, Caroline sent her complaint translated into Spanish to two executives of the establishment.
To date, no response has been received. Sunwing, for its part, has limited itself to insisting that the accident occurred on "a public beach in front of another nearby hotel," without assuming any responsibility.
Almost a year after the accident, Caroline continues to deal with physical and emotional pain while confronting the indifference of the companies involved.
"There was a before and an after. I am still dealing with the aftermath, in the reappropriation of the losses I suffered," she stated. The tourist, who only wishes to focus on her recovery, regrets the lack of support from the tour operator.
Frequently asked questions about the accident involving the Canadian tourist in Cuba and the health crisis
Why is Caroline Perreault claiming $200,000 from Sunwing?
Caroline Perreault is suing Sunwing for $200,000 due to the physical and emotional damages suffered after the collapse of a pergola at a hotel in Cuba, which caused her serious injuries. She believes that the tour operator is responsible for her situation.
What injuries did Caroline Perreault suffer?
Caroline Perreault suffered fractures in three vertebrae, a concussion, and acute post-traumatic stress disorder due to the collapse of a pergola on the beach at the Starfish hotel in Cuba. These injuries required major surgery to fuse four vertebrae and have significantly affected her quality of life.
Why is it complicated to determine liability for the accident at the Starfish hotel?
Determining responsibility for the accident is complicated because the Starfish hotel is managed by the Canadian chain Blue Diamond, while the facilities belong to the Cuban government. Additionally, Sunwing, the tour operator, has transferred the claim to its insurer, Zurich, further complicating the identification of the direct responsible party.
How does the crisis of the Cuban healthcare system affect tourists?
The crisis of the Cuban healthcare system affects tourists due to the lack of medications and adequate medical care, exacerbating emergency situations. Tourists have reported precarious conditions in hospitals, difficulties in communicating with medical personnel, and delays in repatriation, as was the case with Sylvie Beauchesne.
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