On February 20, 2019 a lawsuit was filed in a Galveston County District Court against Moody Gardens, Inc. and the City of Galveston. In the lawsuit, the Plaintiff alleges multiple causes of action against both defendants.
The lawsuit arises out of events taking place on March 30, 2017, when the Plaintiff was a customer departing from her visit to Moody Gardens in Galveston, Texas. The customer, while on the walkway steps to Moody Gardens’ parking lot, lost her footing and reached for the handrail next to her. By design apparently, the handrail next to her was curved away from the direction of descent and a potted plant replaced the handrail. The customer, being unable to reach the handrail, fell, and so did the plant-breaking both the pot and the customer’s fall. The customer suffered a broken arm, in addition to several dislocated, fractured, and broken bones in other parts of her body. The serious injuries sustained by the customer required extensive hospital stays and surgeries.
In her petition, the customer alleges negligence against both defendants, the City of Galveston and Moody Gardens. The customer alleges the defendants had a duty to provide safe facilities at the hotel premises and use reasonable care in warning the customer of known dangers at or around those premises. The customer alleges, however, the defendants breached their duty in many ways, including: designing and installing handrails that were not suited for their intended purpose; failing to remedy the dangerous conditions on the walking steps; and failing to warn of the structural dangers that were inherent in the walkways, among others.
The customer further alleges strict liability against both defendants because defendants were engaged in the business of designing, manufacturing, and installing the alleged unsafe handrails. The customer maintains that the defendants conduct created a dangerous and/or defective condition and all together rendered the premises unreasonably dangerous for her and other patrons.
Additionally, the customer alleges premises liability against defendants because she entered the Moody Gardens’ premises in response to defendants’ express or implied invitation, for their mutual benefit, and as such, she was owed certain duties by defendants. In particular, the customer maintains that the defendants had a duty to exercise ordinary care in their ownership, maintenance, and control of the hotel premises, including the requirement that defendants inspect and warn or cure the dangerous condition. Plaintiff maintains the defendants breached their duties by failing to inspect the stairways and provide notices of caution, among others. The customer further claims that the condition of the part of the handrail near where she fell was a special defect posing unreasonable risk of harm.
As a result of the serious injuries sustained, the customer is seeking monetary relief in an amount not to exceed $1,000,000 for medical expenses, physical pain and suffering, mental anguish, and economic losses, among others.
If you or someone you know has been injured as a result of the negligence of others, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or toll free at 713-222-7211.