Child Injured in Condo During Vacation

[zbo2amt]

My question involves an injury that occurred in the state of: S. Carolina

We recently went on vacation to S. Car. and my 3yo daughter smashed her thumb in the sliding glass door that leads to the balcony. It wasn't from closing it inside the jamb, it was from holding the handle while it opened fully. The door slides all the way inside the other and the handle touches the facing glass window, which is where it was caught.

We had to take her to the ER and get 5 stitches in her thumb the first hour we were there. Very traumatic, very painful, and pretty much ruined our vacation.

There is another door to the balcony in the master bedroom. But that door has a "stopper" of some sort installed in the upper door track preventing it from opening fully, pinching little (or big) fingers inside. The door to the living room does NOT have that "stopper." I think it is obvious that the landlord knew that there was a problem with the doors, since one was remedied.

Are we right to believe the landlord's insurance should take care of the medical costs since the other door wouldn't do the same thing? And are there any other costs that should be recovered due to the injury? And since she is the only one in the family without insurance, do we have to hire a lawyer or can we just submit the claim directly to the insurance company ourselves?

[jk]

I think it is obvious that the landlord knew that there was a problem with the doors, since one was remedied.

I don't know how the stopper is installed but consider this: somebody else took the stopper out or it fell out and the LL was never notified therefor, he did not know of the possibility of an injury.


So, if you believe it is obvious and the LL did or reasonably should have known of the situation, I would definitely attempt to seek recovery of the costs. Unless you can argue the act was gross negligence or malicious, I wouldn't expect anything beyond actual costs to be recovered.

and why is a 3 yo the only person in the family that doesn't have insurance. That is a very odd statement.