Getting Fleeced after Falling? going to the courts in Indonesia

Dear Undercurrent,

On December 24, 2024, I was at Wakatobi Dive Resort and had a serious injury. I was offered no compensation and subsequently filed a lawsuit.

While walking in front of my bungalow, I stepped onto an area of sand that suddenly collapsed, and one leg fell into a sinkhole. My right leg hyperextended, and my head, shoulder, and whole right side hit the ground. causing injuries to my knee, back, neck, shoulder, and head.

The shoreline is supported by a retaining wall approximately 10 - 15 feet high. It showed visible cracking and signs of deterioration. The sand had washed out beneath the area where I fell due to the structural failure of the wall. The surface area had been backfilled with loose sand, coral fragments, and debris. When I stepped onto the area, the unsupported ground collapsed, and I fell into the void below.

Immediately after the accident, the resort brought an island healer to examine me and provided pain medication. I had no way of knowing the full extent of the injuries.

When I returned to the U.S, doctors determined that I had a torn tendon in my knee, along with spinal injuries that have required ongoing treatment. Since the accident, I have undergone epidural injections and a nerve ablation to address back pain and nerve damage. I remain in physical therapy. Back surgery may be necessary, as well as repair of the torn knee tendon in my knee. The medical treatment has been extensive and painful, and insurance has not covered it all.

On July 3, 2025, I contacted the resort to discuss the incident and a fair resolution and communicated with Operations Director Crispin Jones, who emphasized the resort's reputation for guest satisfaction and the large number of repeat visitors who return to Wakatobi each year. He wrote that the resort strives to ensure guests leave with positive memories and stated that listening to guest feedback helps them improve their service. He asked what I believed should happen next, with the aim of guest satisfaction.

To date, the resort has offered no compensation, and, in fact, charged me for the second session with their healer. I sent Crispin a detailed accounting of all the procedures, tests, and results. The resort then stopped responding to my emails entirely.

Because of the lack of response, I retained legal counsel in Bali in hopes of opening a constructive dialogue regarding the incident. I was told there would be further discussion, but communication stopped again. The only offer made was a complimentary future stay at the resort.

My lawyer advised that filing suit may be the only way to obtain any meaningful response from the resort regarding the incident, which I have since done.

Sincerely,
David Sullivan
California, USA

We were very sorry to hear of Sullivan's accident and commiserate with him and the pain he is in. He told us that he paid his lawyers a few thousand dollars to file the suit and also flew them to Wakatobi for a few days. However, representatives from Wakatobi did not appear at the first official meeting.

While I understand his desire to seek recompense, if I were in his shoes, I would have walked because I can't believe the chances of any financial return can be worth the time and cost. I would not have filed suit in Indonesia, a third-world country where I do not understand the legal system, do not understand the insurance system, nor how foreigners fare in similar suits and, if they win, whether it is possible to collect a judgement across borders. Furthermore, the average national pay covering all sectors is $200/month, suggesting that a payoff would not be consistent with American expectations.

One of our subscribers who returned to the States last year, after teaching in Jakarta for several years, says she loved it, but "Mr Sullivan may have a very hard time winning any suit here with how the system works. Especially his being a non-resident non-Indonesian. Every expat here is in the same situation -- if you're in an accident, it's your fault, and you pay, regardless. The promises and money required to proceed are likely to drain him. If he could get a lawyer to go on a commission basis, that would be best, but even then, he's likely to be asked for money for some payments in advance."

Even if Sullivan were to win a judgment against Wakatobi, or settle it through mediation, he'd face a very hard task of collecting it. We asked him about why he believes he could collect, and he said, "They do not want bad press if they don't pay, I would guess. And being a foreign national, the owners may not want that!" They most likely will settle out of court without the lawsuit going to court. A lien could be placed on the property, affecting future leases and licenses of the property.

His attorneys said their PR team could provide one television feature and one online article for $3000, among other publicity services.

Ben Davison

PS: We have substituted the name David Sullivan for his real name.