A state appeals court determined that the Oklahoma family of a five-year-old brain injury victim can proceed in its personal injury lawsuit against La Jolla Beach and Tennis Club. This action reversed the decision made by a San Diego Superior Court judge on October 31 that would have brought the lawsuit to an end before it ever had the opportunity to go to trial.
The child suffered severe head trauma after falling out of a second-story window at the resort. It is just one of many similar cases across the nation in recent years that brings up the question of who is liable if a child falls through a window. A surprisingly high amount of children suffer these accidents — estimates fall around 14 children per day, or around 5,000 per year. These figures come from data uncovered in a study in 2011 conducted by the Nationwide Children’s Hospital in Ohio.
The family was at the La Jolla resort in October 2008 to celebrate the sixth birthdays of their twin sons. They had requested a floor room, but there were none available when they checked in, so they received one on the second floor instead. The next day, with the windows open, the parents heard a scream and found that one of their sons had fallen through the screen and out of the window onto the concrete below.
The boy now speaks a little slowly and has fallen behind in school as a result of the brain injuries sustained in the accident. The lawsuit claims that the resort was negligent in its responsibility to install child safety devices on facility windows. An engineer that examined the room testified that there were no bars or safety devices on the window from which the boy fell.
If you need to explore your options for filing a personal injury lawsuit and need to determine who are what was at fault in an accident, consult the knowledgeable San Diego County lawyers at Thorsnes Bartolotta McGuire today.