Legal Question in Personal Injury in Wisconsin

Re: injury in hotel pool

The law of each state may be different, therefore, it is difficult to give you adequate advice without knowing the state where this occurred. If it was in Wisconsin, the first thing to be aware of is that a minor has until her 20th birthday to potentially pursue a claim for injuries and damages. The first thing to find out is whether the hotel's insurnace company provides both medical expense coverage and liability coverage. The medical expense coverage, up to a certain often lower dollar limit, will provide compensation for medical expenses that were incurred, irrespective of fault. The liability coverage, often a significant dollar limit, will provide compensation for medical expenses, pain and suffering, lost wages, parents' loss of society and companionship, etc., if the hotel is found to be negligent. Negligence will usually only be found if you can prove that the hotel had either actual notice or what is called "constructive notice" of the dangerous condition prior to the fall and injuries. The Plaintiff has the burden to prove the issue of notice, therefore, these are often difficult cases to win unless you can prove prior falls, prior complaints or something unusual about the surfact that made it dangerous, as opposed to what we would consider a normal surface around a pool area. Obviosly, it is well known that the area around a pool will be often wet and slippery, which is why kids and adults are often reminded by life guards, signs, etc. that they should not run in these areas. Depending on the specific facts and circumstances of the fall and the floor surface, there may or not be a good case to pursue under the liability coverage of the insurance policy, however, the medical expense coverage may still be available to cover medical expenses. Lastly, a four your old cannot be found to be negligent under Wisconsin law, however, parents may also be found to be negligent if it can be shown that they were not providing adequate supervision of thier child and it resulted in the fall and injuries.

Re: injury in hotel pool

In Wisconsin, liability would be very difficult to prove in this situation. Swimming pool tiles are predictably wet and a person who slips on one will bear some if not all of the legal responsibility. In the case of a child, the parents would bear this responsibility for failure to properly supervise. I am not familiar with MO law on this issue.

Re: injury in hotel pool

If you are injured in Missouri, you are entitled to recover all damages which the other party has caused through their negligence. These include medical bills, pain and suffering, lost enjoyment, disability, and lost wages, among others.

Typically, health insurance does not get reimbursed in Missouri, so you should always submit your doctor visits to your own health insurance. This will not reduce the wrongdoer's owed amount, and will ultimately benefit you.

Hire an experienced trial lawyer, at the earliest possible moment, to maximize your recovery.

Re: injury in hotel pool

Wisconsin has a safe place statute that basically requires public places to be kept in a condition as safe as is reasonably possible. Consequently, although your facts are stated very basically, I believe there is an action for recovery available to the injured party.