Sliding glass shower door broke and injured my son...

by A

My 4 year old son knocked into a glass door that slides open to the shower. When he knocked into it, it shattered and left small cuts on his arm. The hotel staff were not happy about the situation or the door being broken, which is fair enough.

But should I be paying for this, or is it the hotel's responsibility to make sure their glass doors are suitable for children? Should I be pursuing them for my son's injuries, even if they're minor? What are the legal issues here? Thanks.

Visitor Question:
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ANSWER for "Sliding glass shower door broke and injured my son...":

A (USA):

You are in a precarious position. On the one hand you are correct, the hotel had a legal duty of care to be sure their rooms are safe for their guests. Yet, there is a limit to their duty. To meet their legal duty of care, the hotel only has to do what's reasonable. There's question as to whether the shower door was safe for guests, including children.

On the other hand, there may be a question if being reasonable includes the hotel's installation of shower doors which are strong enough to have children bump into them without shattering. That's a question only a court will be able to answer.

Realistically, you don't appear to have much of a case. The hotel will likely state the law doesn't require that their shower doors must withstand children banging into them. Moreover, because your son's injuries appear to be minor, you probably won't be able to find an attorney to accept your case.

Maybe it's best that you chalk this one up to experience and move on, while being thankful your son wasn't seriously injured.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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