Legal Question in Civil Litigation in California
burn to child
we stayed at a hotel, child spilled - knocked table causing scalding water to spill/pour on her stomach, there was a sign posted that water was hot, but it caused 2nd degree burns - we have hospital records/receipts
2 Answers from Attorneys
Re: burn to child
Your question does not include facts as to why you think the hotel is responsible for the accident.
Based on the facts provided, all we know is that a child was allowed by its parents to go near a table where there was scalding hot water, in spite of a sign posted there warning that there was "hot water" on the table.
Are you claiming that the table was not sturdy enough to support the hot water container?
Are you claiming that the table was not sturdy enough to withstand being bumped or knocked by a child?
Are you claiming that the hotel had a duty to guard the table against the approach of children?
Are you claiming that the hotel had a duty to guard the unsupervised children of guests of the hotel?
Maybe the first two theories (if supported by the facts) might fly with a jury. I doubt that the next two will.
And be prepared for a cross-claim for contributory negligence for failure to supervise the child.
Re: burn to child
Call us at 213.388.7070 for a free consultation. We need more facts about the incident.