US-New YorkCan a travel agent be liable for recommending an unsafe destination?
Yes, a travel agent in New York can be held liable for recommending an unsafe destination if they fail to exercise reasonable care, breach a duty owed to the client, and cause foreseeable harm.
What the Law Says
New York law does not grant travel agents immunity from liability. Instead, they are held to the standard of care expected of professionals in their field — meaning they must act with reasonable care when advising clients about destinations, accommodations, or activities.
Under New York common law, travel agents owe clients a duty of care rooted in negligence principles. This duty arises when the agent holds themselves out as having expertise and the client reasonably relies on that expertise.
If a travel agent recommends a destination known (or reasonably knowable) to pose serious safety risks — such as areas under U.S. State Department Travel Advisories Level 4 ('Do Not Travel'), active war zones, or locations with documented, widespread violent crime — and fails to warn the client, they may breach that duty.
Liability depends on whether the harm was foreseeable, the agent’s knowledge or access to information (e.g., CDC alerts, State Department advisories), and whether a reasonably prudent agent would have disclosed the risk.
What Courts Have Said
New York courts have treated travel agents as providers of professional services whose failures may give rise to negligence claims — especially when they misrepresent safety conditions or omit material risk information.
Court denied summary judgment for a travel agency after a client was injured in a terrorist bombing at a hotel the agent had recommended without disclosing prior attacks at that location or nearby sites.
Held that a travel agent could be liable for failing to advise a client of a known cholera outbreak at a resort destination where public health warnings were widely available.
What to Do
Review current U.S. State Department Travel Advisories and CDC Health Notices before recommending any destination.
Disclose known safety risks — including crime rates, political instability, natural disaster risks, or health emergencies — in writing.
Document all advice given and warnings provided to the client (e.g., email confirmations, itinerary notes).
Consider obtaining written acknowledgment from the client that risks were explained and understood.
Carry errors-and-omissions (E&O) insurance covering professional negligence claims.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.