If your parent has suffered a serious injury caused by a fall at a nursing home, call us at 1-800-ATTORNEY today for a free consultation. We may be able to help recover the compensation your family deserves.
According to data provided by the CDC, anywhere from 10 to 20 percent of all nursing home slip and fall accidents lead to serious injuries that can result in permanent disability or otherwise cause a decline in one’s quality of life. Tragically, each year over 1,800 senior citizens lose their lives due to nursing home falls.
Nursing homes are required by law to provide a safe environment for their residents and guests alike. If it can be shown that the staff failed in their duty to provide a reasonably-safe environment, and their negligence led to a fall that resulted in injury, they can absolutely be held liable for any and all related damages/losses.
The personal injury attorneys at Rasansky Law Firm are happy to listen to your situation, evaluate the strength of your case, and advise you of your options moving forward. We never charge a penny for this, and are available 24 hours a day at 1-800-ATTORNEY.
Senior Citizens, Fall Risks, and Liability
Nursing homes have a legal responsibility to identify potential risk factors, including identifying those with mobility issues and/or an elevated fall risk. This elevated risk can be due to movement disorders brought on by Parkinson’s or dementia, a prior history of falls, hip and/or knee problems, or another disability.
Such individuals should be given the utmost care, and often need to be assisted when it comes to moving around the facility or even getting out of bed. If not properly monitored or assisted, the nursing home facility may open themselves up to liability in the form of a personal injury claim.
Individuals who reside at a nursing home or assisted living center usually do so due to failing health. Many senior citizens may start having problems with balance, making them more likely to fall. A big part of the reason people choose to live in a nursing home is so that they can receive the round-the-clock care they require.
These facilities are often quite expensive, and we trust that these centers are staffed by highly-trained and experienced personnel who are invested in the safety of their patients. When they fail in this responsibility, they can (and should) be held financially responsible.
Here are some of the most-common causes of nursing home falls:
- Wet floors in the hallways, bathrooms, or dining rooms
- Lack of sufficient hand rails around the facility
- Floor clutter
- Overmedication
- Poor lighting in rooms, hallways and staircases
- Improper or poorly-functioning restraints and bed rails
- Failure to respond to resident call buttons, alerts, cries for help, etc.
- Abuse or neglect by staff.
Slip & Fall Accidents, Premises Liability Law, and Your Rights
Premises liability is an area of personal injury law that addresses the duty of care that the property owner (or company) owes to all visitors. This can include things like maintaining a slip-free environment by mopping up spills as they occur, providing residents with adequate warnings regarding hazardous areas within the facility, as well as having in place safety measures that can help prevent unnecessary falls.
If, on the other hand, the fall is caused by staff negligence or neglect rather than a premises issue/defect, you may have a potential nursing home abuse claim on your hands. These types of claims can be quite complex, but the Dallas attorneys at Rasansky Law Firm have considerable experience with nursing home injury cases and would be happy to answer any questions you have.
Nursing homes are tasked with training their employees, and can be held vicariously liable for a worker’s negligence under the doctrine of respondeat superior. The nursing home cannot claim ignorance and avoid liability if they failed in their legal responsibility to train and supervise their own employees.
If you have questions or would like to discuss the facts of your case, call us toll-free at 1-800-ATTORNEY. The call is free, the advice is free, and our attorneys never charge a penny in attorneys’ fees unless (and until) we actually win your case.
Rasansky Law Firm has built a national reputation for excellence by providing quality representation and the highest level of personal service with an award-winning team of experienced attorneys.