Legal Question in Civil Litigation in Florida

Re: Got MRSA Staph Infection from at Orlando Resort

I went on vacation in Orlando and went into their swimming pool, not realizing how nasty it was. I got out and showered. A few days later, I developed MRSA Staph infection on my leg. Can I sue?


Asked on 6/12/07, 1:55 am

4 Answers from Attorneys

John Jackson Law Office of John A. Jackson, P.C.

Re: Re: Got MRSA Staph Infection from at Orlando Resort

Sure you can sue. But there is no guarantee that you will be successful.

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Answered on 6/12/07, 7:35 am
Johm Smith tom's

Re: Re: Got MRSA Staph Infection from at Orlando Resort

Mr. Jackson is correct. You'd probably need to show that the resort failed to follow a policy that would keep the pool clean and possibly that they knew of the bad condition, which they probably didn't because you didn't realize until you went in. And if you didn't complain to them, then it might have taken a while for management to find out. I don't know the facts, but you should know that the suit would not be easy and your damages appear to be relatively minor. Some people get infections from swimming in pools, rivers, lakes, oceans.

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Answered on 6/12/07, 8:57 am
Michael Stewart Michael D. Stewart

Re: Re: Got MRSA Staph Infection from at Orlando Resort

You might want to start with a letter, maybe from an attorney, in an attempt at settlement.

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Answered on 6/12/07, 9:55 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Re: Got MRSA Staph Infection from at Orlando Resort

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Can you prove that the condition of the pool was the factor that caused your staph infection. This is called "proximate cause". You have to be able to show that this was the reason or else there is no cause of action.

Secondly, the question of damages arises. If the damages are minimal i.e. the infection is treated and disappears, then the chances of any attorney pursuing this case are slim. Regardless, I would consult a personal injury attorney or attorneys and see what they have to say. Consultations are generally free and cases are taken on a contingency fee basis.

Scott R. Jay, Esq.

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Answered on 6/12/07, 11:27 am


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