3yo daughter hurt in condo on vacation

[zbo2amt]

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?

 

[swalsh411]

Are you saying the door was broken (not closing/opening correctly) or just that it was missing this "stopper"?

I doubt the landlord's insurance will cover this unless you can prove there was a defect or that this was a required safety feature. It is your responsibility to "child proof" an area before allowing a 3 year old to run around.

 

[sandyclaus]

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?

Did the LL know that you had a young child that was going to be accompanying you? If the LL's didn't anticipate having children occupy the rental units, then they may not have been aware of the "stopper" being missing or that it might have been important. (What you think might be obvious as a parent, might not be to someone who doesn't have children.)

More importantly, I'd say that as a parent of a 3-year-old, you had no business leaving your child unsupervised to the point where she was opening sliding doors leading to the balcony. Did you even take a moment to check the place out and see if there were any potential hazards that your unsupervised child could get access to? I know I would have done that, ESPECIALLY in a foreign place.

I'm not necessarily seeing this as a liability issue for the LL as much as just a "one of those things that happens" for parents of curious young children.

 

[Just Blue]

I am also wondering why the only family member to NOT have insurance is a THREE YEAR OLD.

 

[sandyclaus]

I am also wondering why the only family member to NOT have insurance is a THREE YEAR OLD.

CO-sign! Of ALL the family members, the curious child is the one who SHOULD have medical coverage. Especially with parents that let her wander around, opening sliding glass doors leading to balconies in strange places...

 

[AdamG]

Many property insurance policies contain med pay provisions. Those provisions are there to reimburse a claimant's medical bills without having to go through the litigation process. $5000 is a common med pay coverage limit. It is definitely worth a shot to submit the claim with the property owner and/or manager. Submit the request in writing along with copies of the medical bills. Emphasize that the door that hurt your daughter did not have the safety stopper that the other identical sliding door had.

 

[Zigner]

Many property insurance policies contain med pay provisions. Those provisions are there to reimburse a claimant's medical bills without having to go through the litigation process. $5000 is a common med pay coverage limit. It is definitely worth a shot to submit the claim with the property owner and/or manager. Submit the request in writing along with copies of the medical bills. Emphasize that the door that hurt your daughter did not have the safety stopper that the other identical sliding door had.

Why did you create a second account?

 

[zbo2amt]

replies

OK, here's the whole situation.

She was not unsupervised, there were two adults on the balcony watching, while I, her father, was walking to the door and standing 2 feet away when it happened. The door probably weighs 70-80 lbs. and once you get it sliding, it doesn't stop. She simply pulled it "more open" when she jumped back, shaking her hand after it was caught. She was not being wild or excited, simply holding the handle to a door with no stop prevention.

Why didn't we "check the place out?" Actually, her mother and I were actually walking around the condo moving breakables, small items, sharp items up higher where they couldn't be reached right before it happened. It happened within 30 minutes of first entering the condo, so we didn't know the door opened fully. Honestly, even if it were an adult, if you were holding the handle while closing, it could sever part of a finger.

And no insurance, even though it's none of your business or related to the landlord insurance claim at all, was quoted as unbelievably high due to a heart murmur she was born with. It does NOT affect her health today, healed less than 2 weeks after birth and is extremely common. However, because of that diagnosis, insurance companies have quoted her premium as, at least among several quotes, $300+ a month. We decided to save the monthly premium and contribute extra to my company's HSA.

And yes, the landlord did know that there would be 2 children, 3 and 5yo, staying in the condo.

So personal attacks on my wife and I's parenting abilities would be best kept to yourself. Thanks.

 

[zbo2amt]

Many property insurance policies contain med pay provisions. Those provisions are there to reimburse a claimant's medical bills without having to go through the litigation process. $5000 is a common med pay coverage limit. It is definitely worth a shot to submit the claim with the property owner and/or manager. Submit the request in writing along with copies of the medical bills. Emphasize that the door that hurt your daughter did not have the safety stopper that the other identical sliding door had.

Thank you. This information was helpful.

 

[zbo2amt]

Many property insurance policies contain med pay provisions. Those provisions are there to reimburse a claimant's medical bills without having to go through the litigation process. $5000 is a common med pay coverage limit. It is definitely worth a shot to submit the claim with the property owner and/or manager. Submit the request in writing along with copies of the medical bills. Emphasize that the door that hurt your daughter did not have the safety stopper that the other identical sliding door had.

And I would not expect the medical expenses to exceed that amount. But you never know with emergency rooms.

 

[AdamG]

Why did you create a second account?

I plead the Fifth.

 

[You Are Guilty]

Many property insurance policies contain med pay provisions. Those provisions are there to reimburse a claimant's medical bills without having to go through the litigation process. $5000 is a common med pay coverage limit.

Around these parts, $1k is common.

OP - be sure to take plenty of photographs of the "missing" stopper (and surrounding area), as well as the door where it is present. If your claim is contested, you will need them.

Good luck.

 

[ecmst12]

If Adam created a new account because the old one got banned, that is not going to work out well for him. Maybe he just forgot his password already.

 

[You Are Guilty]

Probably just the Evil Twin.

 

[CJane]

CO-sign! Of ALL the family members, the curious child is the one who SHOULD have medical coverage.

You do know that not everyone can afford to insure the entire family, right?

I certainly don't have the additional $400-600/month it would cost to add my son to my plan at work, I make too much to qualify for the state insurance, and "child only" policies are no longer available in my state.