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Judgment for Hotel Reversed in Child’s Fall From Second-Story Window

November 1, 2014

In a published opinion, the Court of Appeal has reversed a judgment against Martin’s clients, a family whose 5-year old son suffered serious head injuries when he fell out of a second-story hotel room window at the La Jolla Beach and Tennis Club.  The window sill was only 25 inches from the floor, and it had no protective devices to prevent guests from falling.  The Court of Appeal held that a hotel owner’s duty includes taking measures to protect children from falling from such windows.