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While on vacation, my son fell off a piece of pool equipment and cut his leg. Where he hit his leg the padding was loose. The cut required 6 stitches to be put in. My question is, Would the hotel be liable for his medical bills.
Asked on August 24, 2016 under Personal Injury, North Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The hotel is liable for the medical bills and pain and suffering which is an amount in addition to the medical bills. I assume your son is a minor and there isn't any wage loss claim.
Obtain the name, address, and telephone number of the hotel's insurance carrier. Inform the hotel's insurance carrier in writing of your son's personal injury claim.
When your son completes his medical treatment and is released by the doctor, obtain your son's medical bills and medical reports. Your son's personal injury claim filed with the hotel's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the hotel's insurance carrier, NO lawsuit is filed.
If your son is a minor and you are dissatisfied with settlement offers from the hotel's insurance carrier, reject the settlement offers and file a lawsuit on your son's behalf against the hotel based on premises liability. You will need to be appointed guardian ad litem to file a lawsuit on your son's behalf if he is a minor because a minor cannot file a lawsuit himself. If your son is NOT a minor, he can file the lawsuit himself. If your son is NOT a minor, he can negotiate with the hotel's insurance carrier and can decide whether to accept or reject the settlement offers as discussed above.
If the case is NOT settled, the lawsuit on behalf of your son against the hotel based on premises liability must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.