Negligence in Cuba
While Cuba has overhauled much of its legal system to correspond to socialist doctrine, a lot of old Spanish and civil law remains, especially when it comes to private actions such as "negligence." This is called "negligencia."
Essentially, you are not going to find many articles online about Cuban law. This is because there are not any. Cuban is mostly closed off from the internet and access is strictly regulated. In addition, there is little international research about Cuban law.
What I can
tell you is that it is
possible to sue. However, it is hard to do. This is because:
1) Cuba is not part of the Hague Convention for process service, meaning it is "hard" to sue someone there. If you send process (i.e. a lawsuit) from the UK, they may simply not respond or even get it;
2) They may not recognize a UK judgment if you get one;
3) If you get a UK judgment, it is hard to enforce unless the entity has holdings in the UK or EU.Pursuing a Lawsuit
Because of this, you may wish to pursue this matter in Cuba
. Attorneys do work in Cuba, and you can retain one - see here
to find one.
For an overview of the Cuban legal system, see here
, but I am afraid you are simply not going to find more than this.
Your basis of suit here would be negligencia
- negligence - the failure of the hotel to maintain proper safety for its guests. The issue is that even if you get a judgment, it may be much less than what you are expecting because simply speaking, Cuban Courts award less money.
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