When we think of serious danger that could result in major injuries, it’s easy to think about the typical scenarios—fires, car crashes, or medical negligence. It’s less common for us to consider the volume of everyday situations that represent serious risk. For one apartment tenant, a seemingly minor hazard on a driveway led to a cascade of events that would impact her for the rest of her life. Ultimately, this case serves as a serious example of the complexities of premises liability law, while reinforcing the importance of legal protections for the injured.
The Incident – The Origin of This Premises Liability Case
On an ordinary day, the tenant set out to retrieve her dog leash from her car parked in the driveway of her apartment complex. What should have been a quick, uneventful trip took a serious turn when she tripped on a small, seemingly insignificant broken surface on the right side of the driveway. The fall left her with a small laceration on her right hand that, initially, seemed like a minor wound. Certainly nothing that would have warranted a visit to the emergency room. As a result, the tenant simply cleaned the wound at home and bandaged it, herself.
Within 24 hours, however, her hand became severely swollen and red. Concerned, she went to the emergency room, and within three days, she was admitted to the hospital. Doctors would diagnose her with necrotizing fasciitis, a rare but devastating and potentially life-threatening flesh-eating bacteria.
In the months to come, she would endure a long and grueling recovery that included eight surgeries. Though the infection was ultimately cured, her left hand, which was her dominant hand, was permanently disfigured, leaving her with significant functional limits.
The Legal Argument
At the heart of this case was a question of responsibility: Who was liable for the tenant’s injury? Beyond the initial injury, who was responsible for the serious infection that followed?
The plaintiff argued that it was the landlord’s failure to repair the broken driveway that caused everything that followed. While the area on the driveway that was broken was small and obscured by fallen leaves, it nevertheless was the responsibility of the apartment owner to ensure that hazards were repaired. She argued that if the driveway had been properly maintained, the incident—and the subsequent infection—would never have occurred.
The landlord, however, denied liability. The defense emphasized that the driveway had been in the same condition for at least six months, a period during which the plaintiff had lived there. The landlord also argued that the tenant herself was the one who was ultimately negligent, claiming that she should have been more attentive to her surroundings.
Of course, the most contentious aspect of the case was the link between the fall and the infection that followed. The defense questioned whether the necrotizing fasciitis could even by the laceration sustained in the fall. What’s more, there was the actions of the tenant herself: by failing to have the laceration properly attended to medically, she could have caused the infection, herself. The plaintiff countered with medical evidence, pointing to the rapid onset of symptoms consistent with such infections.
The Real and Ongoing Cost of Premises Liability
The aftermath of the incident extended beyond physical injuries. The plaintiff, a trained physical therapist, had pivoted to a clerical role earning $60,000 annually. Since the accident, she has been unable to work. While she may pursue alternative employment, her ability to engage in tasks requiring fine motor skills has been permanently diminished.
Additionally, she faces ongoing costs for medical care, therapy, and potential modifications to her home. Her life trajectory—personal and professional—has been irreversibly altered.
The Settlement
Before the case could proceed to trial, the parties reached a settlement. The landlord’s insurer paid $950,000 out of a $1 million policy. While the settlement avoids a protracted legal battle, it underscores the significant financial stakes in premises liability cases involving severe injuries.
Important Takeaways From This Premises Liability Case
Premises liability cases are more common than many realize. According to the National Safety Council, falls are the leading cause of nonfatal injuries in the U.S., resulting in over 8 million emergency room visits annually. Inadequate property maintenance is a frequent contributor, and settlements or verdicts can range widely based on the severity of the injury and the degree of negligence involved.
This case highlights the way in which seemingly minor injuries can have long-term and serious consequences. For the injured, it reinforces how important it is to approach any injury with the intent to protect yourself. From a legal perspective, it also highlights critical points for tenants and property owners alike:
- The Duty of Care: Landlords are responsible for maintaining safe conditions on their property. Neglecting repairs, even for minor issues, can lead to severe consequences.
- Comparative Negligence: Courts may consider whether an injured party bears some responsibility for their injury. However, obscured hazards, like the one in this case, often shift liability back to the property owner.
- The Chain of Causation: Establishing a direct link between a fall and subsequent medical complications is crucial in personal injury cases. Infections like necrotizing fasciitis are rare but devastating, making timely documentation and expert testimony indispensable.
Wrapping Up
For the plaintiff, this case was about more than compensation—it was about accountability. The disfigurement and functional loss of her dominant hand will affect her every day, a reminder of the hidden dangers we often overlook.
For landlords, it’s a reminder of how important it is to prioritize proactive maintenance. A small crack in the pavement or a broken driveway may seem insignificant, and may remain insignificant for a long time—until it’s not. This case provides a real call to action for property owners to remember their duty of care: to protect both their tenants and themselves from injuries that are ultimately preventable
Additional Reading
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