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Family sues hotel and operators after window pane falls on guest


Posted On behalf of Michael D'Amico of D'Amico & Pettinicchi, LLC on Feb 07, 2014 in Premises Liability

When someone in Waterbury goes to a store, a restaurant or some other kind of private property open to the public, there is an expectation that the premises will be safe. So, what happens when someone is hurt? Oftentimes, the individual will file a premises liability lawsuit in a Connecticut court.

For one out-of-state family, it was a falling window pane at a greenhouse-like restaurant that caused serious injuries. The injured family filed a lawsuit against the hotel in which the restaurant was located and the hotel operators. The family had been eating in the restaurant in June 2010 when the window fell, slamming into a man's head; he was seriously hurt. His wife and son were cut by shards of glass.

The family is asking for damages totaling $75,000, namely for emotional distress, loss of consortium and negligence. They also ask for costs and interest.

The hotel and resort companies are fighting back, however. They say that the jury needs to hear about a small, toy slingshot that was found on the family's table. The defendants believe that may raise some doubt about who is truly responsible for this terrible accident. Though a judge has let the information in, the family will argue that there was no way the slingshot and the small sponge ball that was found at the restaurant would be able to break glass. Besides, premises liability lawsuits have a less strict standard of proof than criminal cases; a jury need only find that a preponderance of the evidence supports the plaintiff's allegations.

Source: Courthouse News, “About That Slingshot ...,” Rose Bouboushian, Jan. 29, 2014