Case Type: Nursing Home
Settlement: $ 200,000
Facts of the Case
Our client was a resident of an Adult Foster Care Home in the downriver Detroit area. One morning while changing clothes, a worker observed significant third degree burn injuries that covered his entire back. He was taken to Detroit Receiving Hospital where he was hospitalized and treated with skin grafts and other treatment for the severe burns.
The home manager and employees claimed that they had no idea how the injury occurred. Other home members also had no information of source of the injuries, nor did his family members. Through extensive discovery, it was determined that the likely cause was the temperature being set too high on the hot water heater and not being properly checked on a regular basis.
Types of Injuries and Harm Suffered
The client suffered significant third degree burn injuries extending from just below the shoulder blades to the buttocks area requiring skin grafts and extensive medical treatment and hospitalization.
Legal Issues in the Case
- Was there a dangerous condition that caused the burn injury?
- Was the resident not properly supervised?
- Did the defendant have notice of the dangerous condition?
- What was the source of the injury?
What We Did To Win the Settlement
We inspected the property on multiple occasions, and took depositions of witnesses, family members, and medical providers. We finally were provided the hot water heater testing results each month and other maintenance records and were able to establish that burns were caused by scalding shower water. The case was subsequently settled with the insurance company for the AFC home.
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