This is a slip and fall case where the Plaintiff developed MRSA after a fall involving sewage. He was in his laundry area at his apartment when sewage began to accumulate so he exited as fast as he could but slipped and injured his leg. The Plaintiff argued that he developed MRSA from the fall. He had some serious health issues and possibly a future amputation. His doctors were kind of wishy washy about causation. Causation means you have to prove the injury is related to the incident. Normally that is a doctor stating “within a reasonable degree of medical certainty that this injury was caused by that fall.”
The evidence in this case showed the Plaintiff likely did not have MRSA before the fall and then developed MRSA after the fall. However, it does not sound like the doctor definitively stated: “within a reasonable degree of medical certainty the fall caused MRSA.” The Court noted this is not a medical malpractice case in moving away from the general rule as I see it. They allowed circumstantial evidence to be accounted for by the jury. As an injury lawyer I like this move. It lets the jury make the call.
This does not mean the Plaintiff will win. It means he will get his day in court and the jury will determine whether or not the MRSA developed from the fall (along with landlord liability). The Plaintiff lawyers are probably banking on the fact it was a bunch of poop and pee that caused the fall. Little bit different than if you fall on Gatorade in Kroger in my opinion. The Defense will probably hire some doctors to state the Plaintiff didn’t develop this disease from the fall and that it is too speculative to figure out. My guess is this case settles. Bad injuries for the Plaintiff and bad set of facts involving sewage for the Defendant. Plenty of risk on each side in going to trial to me means a resolution. Probably at mediation.
Brian Dettman is a slip and fall lawyer in Louisville, Kentucky. He runs an open slip and fall practice and at the moment has 25+ slip and fall cases being prosecuted. Brian has also tried more slip and fall cases to a jury than 99% of the lawyers in Kentucky and recovered millions for slip and fall victims. Consultations at Dettman Law are always free and you can reach Brian direct at bdettman@dettmanlawgroup.com or 502-779-9998.
Slip and fall accidents happen every day, but what starts as a seemingly minor incident can quickly escalate into a life-changing injury with devastating consequences. If you’ve been injured in a slip and fall accident on someone else’s property, understanding your legal rights and the complexity of premises liability law is crucial to securing the compensation you deserve.
A Recent Case Reveals the Hidden Dangers of Slip and Fall Injuries
A recent Kentucky appellate court case demonstrates just how serious slip and fall injuries can become – and why having experienced legal representation is essential. In this case, a tenant discovered raw sewage gushing from basement pipes in his rental property. While attempting to salvage his belongings and navigate the hazardous conditions, he slipped on the basement stairs, suffering what appeared to be a minor cut on his leg.
However, this “minor” injury led to a severe MRSA infection that required multiple surgeries over two years, with the ongoing possibility of leg amputation. The victim had to fight through not one, but two rounds of litigation just to have his day in court, as the property owner’s insurance company repeatedly sought to dismiss the case through summary judgment motions.
The Complex Legal Landscape of Slip and Fall Cases
This case illustrates several critical aspects of slip and fall law that many injury victims don’t understand:
Premises Liability and Duty of Care
Property owners and landlords have a legal obligation to maintain safe conditions on their premises. In rental properties, landlords are specifically responsible for maintaining common areas and systems that serve multiple units, such as plumbing and sewage systems.
The Challenge of Proving Causation
One of the biggest hurdles in slip and fall cases is proving that your injuries were directly caused by the property owner’s negligence. In the case above, the property owner argued that without definitive expert testimony linking the fall to the infection, the victim couldn’t prove causation. However, the appellate court recognized that circumstantial evidence can be sufficient when it reasonably establishes a causal connection between the negligence and the injury.
The Importance of Medical Documentation
The timeline of medical treatment and the absence of infection prior to the fall were crucial pieces of evidence. Medical records showed no signs of infection for months before the accident, and the victim had even been cleared for aquatic physical therapy – something that wouldn’t be recommended for someone with an active infection.
Why You Need Experienced Slip and Fall Legal Representation
Slip and fall cases are far more complex than they appear on the surface. Insurance companies and property owners will use every available legal strategy to minimize or deny your claim. Consider these factors:
Evidence Preservation: Critical evidence like surveillance footage, maintenance records, and witness statements can disappear quickly. An experienced attorney will act immediately to preserve this evidence.
Expert Witness Requirements: Many slip and fall cases require expert testimony to establish the dangerous condition and causation. Your attorney will know which experts are needed and how to present compelling testimony.
Understanding of Premises Liability Law: Property law varies significantly by state and situation. What applies to a commercial property may not apply to residential rentals, and landlord responsibilities differ from business owner obligations.
Insurance Company Tactics: As demonstrated in the case above, insurance companies will file motion after motion to dismiss your case before it ever reaches trial. You need an attorney who can effectively counter these strategies and present the evidence needed to survive summary judgment.
Red Flags That Indicate You Need Legal Representation Immediately
Contact a slip and fall attorney right away if:
- Your injury required medical treatment beyond basic first aid
- The property owner or their insurance company is pressuring you to give a recorded statement
- You’re being offered a quick settlement before you fully understand the extent of your injuries
- The property owner is claiming the dangerous condition was “open and obvious”
- Your injury has resulted in ongoing medical treatment or permanent limitations
- You’re facing significant medical bills or lost wages due to your injury
What to Do After a Slip and Fall Accident
Immediate Steps:
- Seek medical attention, even if your injuries seem minor
- Document the scene with photos and videos if possible
- Report the incident to the property owner or manager
- Collect contact information from any witnesses
- Keep detailed records of all medical treatment and expenses
Important: Don’t give recorded statements or accept settlement offers without consulting an attorney first. What seems like a minor injury today could develop into a serious, long-term condition requiring extensive medical treatment.
The True Cost of Slip and Fall Injuries
Slip and fall injuries can result in:
- Extensive medical bills and ongoing treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Impact on quality of life and family relationships
The victim in the Kentucky case faced years of surgeries, ongoing medical treatment, and the constant threat of amputation – consequences far beyond what anyone would expect from a basement fall.
Don’t Let Insurance Companies Minimize Your Claim
Property owners and their insurance companies have teams of lawyers working to minimize their liability. You deserve the same level of legal expertise fighting for your rights. An experienced slip and fall attorney will:
- Investigate the circumstances of your accident thoroughly
- Identify all potentially liable parties
- Work with medical experts to document your injuries and prognosis
- Calculate the full extent of your damages, including future medical needs
- Negotiate aggressively with insurance companies
- Take your case to trial if necessary to secure fair compensation
Take Action to Protect Your Rights
If you’ve been injured in a slip and fall accident, time is critical. Evidence can disappear, witnesses may forget important details, and statutes of limitations can expire. Don’t let a property owner’s negligence derail your life without holding them accountable.
Contact our experienced slip and fall legal team today for a free consultation. We’ll evaluate your case, explain your rights, and fight to get you the compensation you deserve. You don’t pay unless we win your case.
Remember: What starts as a simple fall can change your life forever. Make sure you have the legal representation you need to protect your future and hold negligent property owners accountable for their actions.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Consult with a qualified attorney about the specific facts of your situation.
