A man from Denton County, Texas has filed suit against a timeshare condominium after a young female relative of his allegedly sustained personal injuries during an early 2007 visit.
According to the suit filed in Texas’ Galveston County Circuit Court on January 26 by Robert Abner, Kaylie Abner was injured due to the Four Seasons on the Gulf’s failure to keep its playground free from potential danger.
According to the suit, the girl’s injuries resulted from a fall that was caused by the dangerous condition the defendant knew or should have known about.
According to court papers, which do not specify the relationship between Kaylie Abner and Robert Abner, the girl was using the monkey bars on the resort’s playground on March 22, 2007 when she fell, causing her to break both arms.
The suit alleges that Four Seasons knew about the state of poor repair the monkey bars were in, but failed to remedy the problem.
The suit alleges negligence on the part of Four Seasons for allowing the playground, specifically the monkey bars, to fall into disrepair, allowed the dangerous condition to continue, and failure to warn.
The suit claims that the dangerous condition of the monkey bars had been allowed to continue for so long, that if Four Seasons had exercised ordinary care in the playground’s maintenance, it would have been noticed and corrected.
Abner seeks damages for physical pain and suffering and medical expenses and has demanded a trial by jury.