As a family of three sat to eat in a rotating rooftop restaurant, the smallest of the party, a four-year-old girl, went off to investigate a dessert tray going by. In her quest, she somehow got her foot caught between the moving floor and a wall. Her parents were able to rescue her but the physical pain, and later, emotional distress, has been just cause for her parents to file a personal injury lawsuit, as reported by the Courthouse News Service.
Hyatt Corporation and VII/SCH Houston Hotel are named in the suit filed by D.S. and M.Z., the parent's of four-year-old Erin.
The accident occurred in the Spindletop Restaurant, which is located on the top floor of downtown Houston's Hyatt Hotel.
The family was seated for dinner adjacent to a window, with Erin seated closest to the window. After the main dishes were completed "…a waiter walked past them carrying a piece of cake…Erin left her seat in order to observe the cake. Shortly thereafter, Erin cried out that her foot was stuck. Plaintiffs discovered that her right foot was caught in a gap between the rotating floor and the window…She became pale and panicked as she attempted to free herself, crying out that her foot hurt. Plaintiffs arose from their seats and rushed to Erin and attempted to free her foot. As the floor continued to rotate forward, Erin's foot was pulled further away from her body."
The suit states that Erin's parents asked employees to stop the floor from moving any further, however, the rotation continued. Then, "…after approximately a minute, Erin's parents were able to pull her foot out of her shoe and squeeze it out of the gap in the floor just seconds before the pole contacted her body."
According to the suit, after she was freed Erin's parents observed that her "…right foot had several deep lacerations, and the skin on her foot bent inwards towards the lacerations, while the area around the wounds swelled up considerably. Erin was crying in fear and pain."
Two employees approached the family, the restaurant manager and his assistant, and one brought ice to help soothe Erin's foot pain. The suit then states that the manager called in a security guard and "a man with a large pistol in open display stood right next to Erin, who was sitting in her father's lap. The armed security guard watched plaintiffs closely without offering any assistance, thereby adding additional emotional distress to the situation."
At this time Erin's parents took her from the restaurant – while being escorted by the hotel manager and security guard – to their car. D.S. and M.Z. took her to "the emergency room of the Texas Children's Hospital in Katy, where she was treated for her injuries and provided medication for pain management."
The complaint contends that "The gap between the rotating restaurant floor and the glass window was approximately three inches wide. The gap had no cover; there were no warning signs; and no verbal warnings were given to plaintiffs about the gap in the floor."
Erin, who was "very active in dance" prior to the accident has suffered with "…emotional distress especially during her dance performances during which her right foot is oftentimes exposed."
The family seeks damages for Erin's medical bills and emotional distress.
If you have been hurt on the premises of a business you need to contact a personal injury lawyer to file a claim. A monetary award can help compensate for your pain and suffering.