Breanne Ayala, 24, is accusing the Massachusetts-based travel website and its San Francisco-based subsidiary Viator of negligence and breach of contract for failing to ensure the tour company was operating safety, The Boston Globe reported.
Ayala and her family booked a sunset camel tour in Marrakech through Viator, according to the lawsuit filed Monday. She said she was told by the tour company that the camel she was riding was pregnant and a month away from giving birth.
During the tour, the camel ran away from the caravan, causing Ayala to fall and break her arm, according to the lawsuit. Ayala's attorney, Andrew Abraham, said his client was “hanging on the side and then fell off."
The handlers waited an hour to call for an ambulance until the tour company owner arrived, the lawsuit said. Ayala underwent surgery in Morocco after she was told by doctors she would have permanent nerve damage if she didn't, the paper said, citing Andrew.
The lawsuit further alleges that the group was not given a safety briefing before the tour, which was promised when they booked the excursion. Abraham said TripAdvisor and Viator have a responsibility to make sure excursions advertised on their websites are safe.
Viator's terms state it is not responsible for problems related to the tours on its site. Customers are required to agree to the company's terms, which says tour “suppliers” come “at your own risk," The Globe reported.
“What was supposed to happen didn’t happen, and I don’t think you can say, ‘It’s at your own risk, too bad,’” Abraham said.
A spokesperson for TripAdvisor told Fox News the company doesn't comment on pending litigation.