Legal Question in Personal Injury in Louisiana
Swimming Pool Ladder Injury
On day 1 of a 7 day beach vacation, my daughter suffered a cut from the pool ladder that required 13 stitches. I believe that as she pushed off the ladder rung toward the interior of the pool, her foot slipped past the rung. Upon pulling her foot back, it scraped the end of the ladder that normally rests against the sidewall of the pool. This end of the ladder is not attached to the pool. The insurance inspector has said the ladder is within code. Therefore there is no fault of the hotel, and their liability is limited to paying out of pocket medical expenses. The hotel gave us a 10% room discount upon checkout. The doctor barred my daughter from the beach and pool. Thus we where deprived of what we went to this hotel for: beach and water. I feel the offer to pay medical expenses falls short of the compensation that should be expected given considering the circumstances. At the very least, we would like the hotel to reimburse the hotel bill, and to offer an additional $1,000 or so to offset the expenses we incurred in finding alternate activities. Do we have grounds to pursue this further, and what course of action can I take on my own beyond my verbal and written discussions I've already had with the insurance company?
1 Answer from Attorneys
Re: Swimming Pool Ladder Injury
I believe you do have a valid claim to present. You can take it up in a city or parish court or on the clerk's docket on your own without an attorney. But, remember that the hotel will have counsel and you will be at a disadvantage. Even if you have an attorney there is no guarantee you will win.
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