Apartment Complex Held Liable for Toddler’s Horrific Burns

Key Takeaways

• A 15-month-old toddler suffered third-degree burns in her apartment complex in Columbia, South Carolina, resulting in permanent nerve damage and a neuropathic pain syndrome known as CRPS.
• The jury held the apartment complex responsible for the injuries and awarded a total verdict of $2.1 million, which will be invested in a special needs trust for the child's benefit.
• The defendant apartment complex denied responsibility, claiming that the uncoated metal plank was up to code and blaming the child's mother and aunt for failing to supervise the child.
• The plaintiff's attorneys focused on the apartment complex's non-compliance with South Carolina law and lack of employee training, highlighting the requirement for landlords to maintain a safe common area and the violation of the International Property Maintenance Code (IPMC) with the dangerously hot metal plate.

Understanding the Devastating Incident

How did the negligence of the apartment complex contribute to the devastating incident that resulted in a toddler suffering permanent nerve damage and a lifetime of medical needs? The lack of compliance with the International Property Maintenance Code (IPMC) and South Carolina law by the apartment complex led to a dangerous environment. The uncoated metal plate, which reached dangerously high temperatures when exposed to sunlight, was not up to code, contributing to the severe burns suffered by the toddler. This incident has had a profound impact on the community, raising awareness about the importance of landlords maintaining safe properties. To prevent similar incidents, it is crucial for apartment complexes to adequately train their employees on safety rules and regulations.

Details of the Toddler’s Injuries

The toddler sustained third-degree burns on her body, resulting in permanent nerve damage and a condition known as Complex Regional Pain Syndrome (CRPS), which will necessitate lifelong medical care and treatment. The burns, one of the severe causes of third-degree burns, occurred when she came into contact with an uncoated metal plank at her apartment complex that had reached dangerously high temperatures when exposed to sunlight. This devastating incident led to CRPS, a chronic pain condition that can cause swelling, sensitivity, and changes in skin color, temperature, and texture. The long-term effects of CRPS include constant pain, limited mobility, and psychological issues like depression and anxiety, which will significantly impact the toddler's quality of life.

The Role of the Legal Team

In representing the toddler's family, attorneys Mark Chappell, Jr. and Jacob Born played a pivotal role in establishing the apartment complex's liability for the incident, and their strategic approach focused on the defendant's non-compliance with South Carolina law and lack of employee training. The role of expert witnesses was crucial in this case, illuminating the defendant's negligence and reinforcing the legal arguments presented. These experts provided undeniable facts that supported the plaintiff's case, helping to sway the jury's decision. The importance of documenting evidence was also highlighted throughout the trial. Chappell and Born meticulously assembled a body of evidence that clearly demonstrated the defendant's failure to adhere to safety protocols and their direct responsibility for the tragic event.

The Argument From the Apartment Complex

Despite enduring a tragic event, the apartment complex maintained a stance of denial, arguing that they adhered to building codes and attributing the incident to a lack of supervision from the child's guardians. This formed the cornerstone of the apartment complex's liability defense. The defendant insisted on being in compliance with all regulations, claiming that the uncoated metal plank was up to code. Furthermore, they stressed the absence of prior incidents and citations from building inspectors. The complex's denial, however, did not absolve them of the liability, nor did it shield them from the impact on their reputation. Ultimately, the jury's verdict indicated a significant reputational blow, reinforcing the importance of prioritizing safety over denial in such circumstances.

The Legal Stance of the Toddler’s Family

Representing the toddler's family, attorneys Chappell and Born presented a compelling case, focusing on the apartment complex's blatant non-compliance with South Carolina law and inadequate training of staff. Their legal strategy was meticulously crafted to highlight the defendant's negligence, demonstrating a clear violation of the International Property Maintenance Code. The uncoated metal plate, dangerously heated by sun exposure, was a key element in the liability determination. It was argued that the apartment complex was responsible for maintaining a safe common area, as required by law. The attorneys skillfully linked the complex's liability to the child's severe injuries, resulting in a favorable verdict. The case underscores the importance of legal expertise in navigating complex liability issues and achieving justice for victims.

South Carolina Laws and Compliance Issues

Understanding South Carolina laws and compliance issues is crucial for landlords and property managers, and failing to adhere to these regulations can result in substantial legal penalties, as demonstrated by the recent verdict in the toddler's case. The apartment complex was held liable for injuries sustained by a toddler due to a violation of South Carolina building codes. The landlord's responsibility in this case extended to maintaining a safe common area. The uncoated metal plate that caused the burns was found to be in breach of the International Property Maintenance Code (IPMC), which is adopted by the Richland County Council and mandates hazard-free sidewalks. This case underscores the importance of thorough employee training on safety rules, including the IPMC, for every landlord and property manager.

The Verdict and Jury’s Decision

In the wake of a five-day trial, the jury concluded with a verdict holding the apartment complex accountable for the toddler's injuries, amounting to a total award of $2.1 million. This legal decision underscores the potential long-term effects of negligence on the part of housing providers, with the toddler now requiring lifetime medical care. The verdict has also sent shockwaves through the community, highlighting the necessity for landlords to adhere strictly to safety standards. It has fostered discussions on the impact on the community, especially regarding tenant safety. It's a stark reminder for landlords about their obligations, and for residents, it is a reassurance that their rights and safety are legally protected.

Breakdown of the Compensation Awarded

The compensation awarded to the toddler's family totals $2.1 million, comprising $1,386,950 in actual damages for the child's immense suffering and $750,000 in punitive damages, signaling the jury's condemnation of the apartment complex's neglect. This compensation breakdown reflects both the tangible and intangible costs incurred by the family, including medical expenses, pain and suffering, and future long-term care provisions. The actual damages are designed to cover the family's out-of-pocket expenses, while the punitive damages serve to reprimand the defendant for their negligence. It is important to note that future costs are considered, as the child will require lifelong care due to the injuries sustained. This underscores the importance of comprehensive compensation in ensuring the continual provision of necessary care.

Future Provisions for the Toddler

Given the toddler's lifelong medical needs, a significant portion of the awarded compensation will be allocated towards future care provisions, ensuring that, over time, the child will receive the necessary treatment and support services. This financial security will not only cover immediate medical expenses but also guarantee long term care, which is critical given the permanent nature of the injuries involved. A special needs trust has been established for these funds, reflecting a comprehensive plan for managing the award. This approach ensures that the funds are used responsibly and for their intended purpose. With this financial strategy, the toddler's future health and wellbeing have been taken into consideration, offering a safety net for both present and future medical needs.

Statement From the Legal Team Post-Trial

Following the conclusion of the trial, attorneys Mark Chappell, Jr. and Jacob Born expressed their satisfaction with the verdict, asserting that justice had indeed been served for the innocent toddler and her family. The jury's decision not only addressed the immense impact on the toddler's quality of life, but also highlighted the significant implications for apartment complexes' responsibility for safety. The substantial monetary award will facilitate lifelong medical assistance for the child, who unfortunately suffered permanent nerve damage and developed a neuropathic pain syndrome. The verdict underscores the mandate for apartment complexes to ensure the safety of common areas, reframing the parameters of their responsibility. This case serves as a potent reminder of property owners' legal and moral obligations towards the safety of their tenants.

Seeking Legal Help From Chappell Smith & Arden

Undoubtedly, reaching out to Chappell Smith & Arden for legal assistance is a prudent step for individuals seeking justice for personal injuries caused by negligence. Their recent victory in a case involving a toddler's severe burns exemplifies the importance of thorough investigation and the role of expert witnesses in the trial. The firm's diligent inquiry into the defendant's compliance with safety codes and employee training revealed flagrant violations, pivotal in proving negligence. The expert witnesses they engaged were instrumental in substantiating the extent of the child's injuries and the defendant's liability. By entrusting their case to Chappell Smith & Arden, the affected family succeeded in securing a substantial verdict, illustrating the firm's commitment to achieving justice for their clients.

Frequently Asked Questions

What Long-Term Emotional and Psychological Effects May the Toddler Experience Due to the Incident?

The toddler may experience prolonged emotional and psychological effects due to the traumatic event. These might include anxiety, post-traumatic stress disorder, and depression. Physical pain could also trigger emotional distress. However, with proper trauma recovery strategies, such as therapy and counseling, the child could develop psychological resilience. This involves adapting to adversity and bouncing back from difficult experiences, aiding in long-term emotional health. Each individual's recovery journey varies, underscoring the importance of tailored therapeutic interventions.

What Kind of Safety Measures Should the Apartment Complex Have in Place to Prevent Such Incidents?

To prevent such incidents, apartment complexes should adhere to strict preventive protocols and safety regulations. This includes regular inspections and maintenance of all common areas, especially those with potential hazards. Employee training is crucial for identifying and addressing safety concerns promptly. Safety measures may also involve the application of heat-resistant materials in areas exposed to sunlight. Ensuring compliance with local and international building codes is also paramount in maintaining a safe living environment.

How Does South Carolina Law Address the Issue of Negligence in Child Supervision?

South Carolina law imposes a duty of care on parents, termed "Parental Accountability," which requires reasonable supervision of minors. The law establishes that neglecting this duty may constitute negligence. However, this does not absolve other parties, like businesses or property owners, from their responsibility to ensure safety. These "Supervision Laws" apply to everyone and aim to safeguard children by obligating all parties involved to exercise proper caution and prevent foreseeable harm.

What Other Legal Avenues Could the Toddler’s Family Have Pursued Apart From the Punitive and Actual Damages Awarded?

Apart from pursuing punitive and actual damages, the toddler's family could have explored other legal avenues such as filing for emotional distress and loss of enjoyment of life. They could also have sought restitution for future medical expenses through insurance claims. Additionally, if there were any legal loopholes in the apartment complex's lease agreement or safety policies, the family might have pursued claims for breach of contract or warranty.

How Are the Punitive Damages Awarded to the Toddler’s Family Calculated?

The calculation of punitive damages is determined by the court, taking into account the severity of the harm caused, the defendant's conduct, and the defendant's financial capacity. The purpose of these damages is not only to compensate the victim, but also to punish the offender and deter similar conduct in the future. In this case, the punitive damages would have been calculated based on these factors, demonstrating a comprehensive compensation determination process.

Conclusion

In conclusion, this verdict underscores the importance of property owners adhering to legal standards and adequately training their employees. The jury's decision, resulting in a $2.1 million award for the injured toddler's future needs, highlights the potential severe consequences of negligence. The case also emphasizes the critical role of legal representation in pursuing justice. It serves as a significant precedent in holding landlords accountable for safety violations, thus reinforcing their statutory responsibilities.

AI Generated NOT Legal Advice

This post has been generated by AI and was not reviewed by editors. This is Not legal advice. Please consult with an attorney.