California Family Files Federal Lawsuit Against Disney Resort After Child Sustains Head Injury by Pool

A California family has filed a personal injury lawsuit in federal court when their 10-year-old child sustained a head injury after slipping near a pool at Disney’s Aulani Resort and Spa located in Kapolei, Hawaii. According to the lawsuit, the couple’s 10-year-old son slipped and fell poolside striking his head on hard cement. His injuries required emergency medical treatment and the child was immediately transported to the emergency room. The child required stitches to close a wound he had sustained to the back of his head.

The couple claims that Disney had been aware of the problem for years before their son was injured. According to the suit, the pool area owned by Disney was too slippery creating a potential danger to anyone with access to the pool. Disney knew about the problem for years but refused to correct it. The lawsuit alleges that Disney knew about the dangerous condition since 2013 but has yet to apply any anti-slip surface to the area. Further, the plaintiffs allege that Disney should have placed a slip hazard warning in the area to alert guests of the potential danger. They further claim that a lack of maintenance in the area contributed to the slip hazard.

According to the family, a doctor treating the child told them that it wasn’t the first time that they had treated a patient who slipped and fell at a Disney resort. The doctor told the couple that they had treated multiple children who had slipped and fallen in the same area where their son was injured. Multiple reviews of the resort appear to claim that the pool area is slippery as well.

Elements of negligence in premises liability claims

 This is a standard premises liability lawsuit. The plaintiffs are claiming that Disney maintained and operated a pool where there was an obvious slip hazard. Not only did Disney fail to remedy the hazard, they also failed to warn guests about the danger. The plaintiffs claim that Disney knew about the slip hazard for over a decade and did nothing to remedy the situation. The plaintiffs point to numerous other incidents of child guests slipping and falling and requiring medical attention as a result of the slip hazard.

In a premises liability lawsuit, negligence is proven on the grounds of foreseeability. In other words, the defendant must be aware of the potential hazard in order to be held liable. In this case, the plaintiffs have done well to establish that Disney knew about the slip hazard in advance because multiple other guests had been injured in the same spot before. Therefore, Disney should be held liable for the child’s injuries, medical expenses, and pain and suffering damages.

Talk to an Oakland, CA Slip and Fall Accident Attorney Today

Proprietors are responsible for maintaining safe conditions on their premises. When they fail and someone is injured, they can be held liable for medical expenses, lost wages, and pain and suffering damages. Call the Oakland personal injury lawyers at Venardi Zurada today to schedule a free consultation, and we can begin investigating your case right away.

Source:

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