Child Injured at a Resort. What to do?

My 5 year old was standing on the floor, reaching for something on a glass table at a timeshare resort in Orlando, FL that we were guests at recently. The glass table top was not secure, shifted & shattered.  He received 11 stitches to 3 separate cuts in his neck, and 2 stitches to his wrist. Their insurance company has offered to pay our out-of-pocket medical expenses. I’m wondering for the scarring that he will surely have; does he have a right to any type of settlement?

Answer:
Erica, if your child has scarring that does not resolve, he (through you as the parent) has aclaim against the timeshare resort, or any person responsible for setting up the glass table, i.e. the owner of the individual unit.  If he has noticeable scarring that is not going to go away, I would not accept their offer to pay his medical expenses.

In Florida, a property owner such as a timeshare resort owes two duties to people staying at the resort: 1.  Maintain the property in a reasonably safe condition, and 2. warn people at the property of dangerous conditions which the owner knows about, or should have known about, and that the guest may not be able to appreciate themselves.  A glass table which is so unstable that it can be tipped over by a 5 year old is the type of dangerous condition the resort should have taken steps to remedy, or at least warn people staying at the resort about the problem.

The problem with scarring is that, if is going to go away on its own, it takes a long time.  I don’t know if you have followed up with doctors once you returned home, but its possible some type of scar revision procedure may minimize or eliminate the scarring.  Even if the scar can be revised, your son still has a claim against the resort for his medical expenses, pain and suffering, and any future medical expenses which might be incurred such as a scar revision.

 

 


About the Author:
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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