Personal Injuries in Costa Rica: Legal Guide for Tourists & Expats (2025)
At AG Legal, we know a vacation injury is more than a case—it’s lost time, changed plans, and real pain. Our job is to restore dignity and obtain compensation from those who failed to keep you safe.
Author: AG Legal • Reviewed by: Litigation & Insurance Team • Updated: Oct 2025
Personal injury cases we handle
- Adventure tourism incidents: Zip line accidents, canopy, white-water rafting, surfing lessons, ATV/UTV tours, horseback riding, rappelling, canyoning.
- Transport & road: ride-share, private shuttles, drunk driving, unsafe vehicles.
- Hotels & rentals: pool & deck slips, balcony/railing failures, unsafe stairs, food poisoning, falling objects, negligent security.
- Boating & water: snorkeling/scuba, sport fishing, catamarans, jet skis, docks and marinas.
- Premises & products: defective gear (harnesses, helmets), contaminated food, faulty maintenance.
Who can be liable in Costa Rica
Liability can attach to tour operators, hotels, property managers, equipment suppliers, subcontractors, and occasionally concession holders. We evaluate:
- Duty of care & safety protocols: risk briefings, waivers, instructor ratios, weather calls, emergency plans.
- Equipment integrity: harness certifications, inspection logs, replacement cycles, recalls.
- Premises conditions: lighting, non-slip surfaces, handrails, signage, lifeguards.
- Hiring & supervision: training, certifications, criminal/background checks.
- Insurance cover: existence, scope, exclusions, tender & notice timelines.
What compensation covers
Category | Examples |
---|---|
Medical expenses | ER, surgery, hospitalization, meds, rehab, prosthetics, follow-ups in home country |
Lost income | Time off work, reduced capacity, caregiver costs |
Pain & suffering | Physical pain, scarring, PTSD/anxiety, loss of enjoyment |
Travel & logistics | Medical flights, lodging changes, family travel, specialized transport |
Property damage | Phones, cameras, gear, clothing |
Civil claims vs. criminal complaints
Most cases proceed as civil claims (damages against private parties and their insurers). When conduct is grossly negligent or intentional, we may combine with or advise on a criminal complaint. Strategy depends on evidence, insurance availability, and your medical timeline. Procedural deadlines apply—contact counsel promptly so we can protect your rights.
Evidence checklist (save this)
- Incident data: date/time, GPS or address, weather/lighting conditions.
- Photos/video: scene, equipment, signage, defects, injuries (progress over days/weeks).
- Witnesses: names, phones, country, short written statements if possible.
- Operator documents: waiver copies, tour voucher, safety briefing handouts, equipment tags.
- Medical records: ER report, imaging, prescriptions, discharge summaries, invoices.
- Expense proof: airline changes, hotel changes, transportation, caregiver time logs.
- Communications: emails/chats with hotel/operator/insurer—do not admit fault or sign releases without legal review.
Our process: step by step
- Investigation: site inspection, expert assessment (engineering, safety, maritime, medical), preservation letters.
- Demand & negotiation: comprehensive damages brief with evidence and medical prognosis.
- Litigation-ready: if settlement fails, file civil action and coordinate with any criminal matter as needed.
- Cross-border recovery: align with your home-country treatment and benefits; structure payouts tax-sensibly.
Working with U.S./U.K. Embassies
We regularly coordinate with the U.S., and U.K. Embassies. We are lawyers certified by both embassies.
“Dangers in Costa Rica”? Myths & realities
- Myth: Waivers mean you have no claim. Reality: Waivers don’t excuse gross negligence or unsafe practices.
- Myth: Tourists cannot sue effectively. Reality: Foreigners routinely pursue claims here; documentation is key.
- Myth: Small operators have no insurance. Reality: Many carry coverage; we also pursue owners and other responsible parties.
Frequently asked questions
- What should I do right after a Costa Rica accident?
- Get medical care, document the scene, collect witness info, and avoid signing any releases. Contact us so we can preserve evidence.
- Can I recover damages if I signed a waiver?
- Yes. Waivers typically don’t shield negligence in safety protocols, defective gear, or inadequate supervision.
- How long do I have to bring a claim?
- Deadlines exist and can be short depending on the claim type. We confirm the applicable prescription periods and file protective actions.
- Do you handle zip line accident cases?
- Yes. We investigate standards, equipment logs, instructor training, and emergency response to prove fault and maximize recovery.
- Can you work with my U.S. lawyer and insurer?
- Absolutely. We coordinate with your home-country counsel, providers, and insurers to streamline care and recovery.
Talk to our injury lawyers
If you suffered personal injuries in Costa Rica—hotel, road, ocean, zip line accident, or tour—let us carry the legal burden while you heal.
This guide is informational, not legal advice. Case strategy depends on facts, medical prognosis, insurance and current law. Contact us for a tailored assessment.