My vacation ended in horror when I slipped on stairs with no railing – I can’t walk anymore but was still ‘25% liable’

A PRIVATE investigator has been in an ongoing legal battle with a Sandals resort after falling and injuring his leg severely enough to require multiple surgeries.

In January 2009, Tom Klatt and his wife, of Toronto, Canada , were hoping for a relaxing vacation at a Sandals all-inclusive resort in Saint Lucia before chaos ensued.

Tom Klatt

Tom Klatt

On their second night, the couple returned home to their private villa after dinner and Klatt slipped and fell on the stairs outside, per CBC .

“There were no rails,” Klatt, a high-profile private investigator, told the outlet.

“I slipped off the second-last step, crashed into the wall, and had severe pain in the left leg.

“It destroyed me; to stay fit became a real battle. I want to go for a walk with my son, and well, I can go to the end of the driveway.”

The staircase was poorly designed, didn’t have enough lighting, and no railings which all contributed to his fall, according to Ontario Justice Lorne Sossin.

“He was an innocent person walking down the set of steps that were designed for someone to fall,” said Joe Falconeri, Klatt’s lawyer.

After his fall Klatt used crutches to get around their private villa, but he was still experiencing intense pain.

When he returned home, he saw an orthopedic surgeon who diagnosed him with a left quadriceps tendon rupture.

Klatt had surgery, but it later ruptured again in March of 2009.

He had to have another operation to repair the damage, but it won’t be his last surgery.

“It will never be the same,” Falconeri said.

“It’s very rare to have your quadricep muscles and tendons torn off your kneecap — that’s a pretty bad injury.”

Doctors told Klatt he would need a total knee replacement at some point.

INVESTIGATION

Klatt didn’t sue the resort until almost a year after his fall.

You really need to make sure your coverage is proper. And know if you do get injured, there may be a big fight on your hands.

Tom Klatt

He decided to take legal action after he returned to the Sandals resort in December 2009 to investigate.

“Once I learned how significant the injury was and the chances of me ever skating again, ever kicking a soccer ball, coaching my son — doing any of that — had gone out the window, I wanted to see where I’d fallen and why,” he said.

Klatt returned to his private villa with a video camera and tape measure to collect evidence.

“I saw the stairs were odd heights, depths, shapes,” he said.

“I was shocked.”

LAWSUIT

The case was brought to the Ontario Superior Court , but the negligence laws of Saint Lucia applied to his case because that’s where he fell.

“I didn’t know there is a law in Saint Lucia that says, no matter what happens, the plaintiff is liable for 25 percent of everything,” Klatt told CBC.

“We were cautious and I still slipped, and [yet] I’m 25 percent responsible.”

In 2021, after a 12-year battle, Sandals Regency La Toc Golf Resort and Spa was found responsible for Klatt’s fall.

His video from December 2009 was used for evidence and allowed his lawyers to pin his injury on the resort’s staircase design.

Tom Klatt

After the necessary deductions were made, the private investigator was left given almost $790,000 in damages and the cost of future care — referring to the future knee replacement.

However, in 2022, Sandals disputed the ruling through the Ontario Court of Appeal.

Falconeri told The U.S. Sun that the appeal was later abandoned by Sandals and dismissed by the court.

Sandals also paid Klatt in full due to his injuries.

The resort was also required to pay more interest on the judgment and costs related to the appeal.

Klatt is determined to warn other vacationers to make sure they are insured before traveling out of the country.

“You really need to make sure your coverage is proper,” he advised.

“And know if you do get injured, there may be a big fight on your hands.”

ANOTHER PAYOUT

In June, another person was paid was an injury that occurred at a major company.

Walmart shopper, Tammy Callihan, was shopping in 2020 when an employee hit her with a cart.

She was left with neck and back injuries and the incident upset a previous disc herniation which required spinal surgery .

“We’re pleased the jury recognized the impact the severe injuries had on Ms. Callihan’s life,” said attorney Robert Fickett, according to ABC affiliate WSB-TV .

“She now experiences daily, recurrent pain that limits the activities of her daily life, including holding her grandchildren and walking her dog.

“I’m proud we were able to secure justice for our client and provide her with some peace of mind as she moves forward with her life.”

Walmart awarded Calihan with $1.2 million after the incident.

The U.S. Sun has contacted Sandals for comment.