Who is Liable For Nursing Home Falls?

Who is Liable For Nursing Home Falls?

People tend to become more unsteady on their feet as they age, which is why falls are more common among seniors than any other age group. In fact, the National Council on Aging reports that falls are the leading cause of both fatal and non-fatal injuries for elderly adults. Many concerned family members bring their elderly loved ones to nursing homes when they become a fall risk so they can be supervised and cared for at all times. But unfortunately, nursing home falls are very common.

How Do Nursing Home Falls Occur?

Falls can occur in nursing homes for a number of reasons, including:

  • Inadequate supervision
  • Side effects from medications
  • Hazards such as wet floors or poor lighting
  • Muscle weakness
  • Failing to use a walking aid
  • Wearing the wrong size shoes

Who is Liable For Nursing Home Falls?

Every nursing home facility should develop a customized care plan for each resident upon his arrival. The resident’s health will need to be evaluated in order to create this plan, which means the facility should know right away whether the resident is a fall risk or not. If the facility fails to adequately care for a resident that is at risk of falling, this could make the facility liable for the victim’s injuries.

For example, let’s say the nursing home facility determines that your loved one needs to use a walking aid due to muscle weakness and instability. The facility states that they will provide the walking aid to your loved one, but they fail to do so. Later that week, your loved one falls and injures herself while trying to walk to the bathroom without a walking aid. In this case, the nursing home facility would be liable for not providing adequate care to your loved one.

This is not the only way that a nursing home facility can be held liable. Facilities can also be blamed for falls that are caused by inadequate supervision since this typically indicates either the facility is understaffed or the employees are negligent. A facility can be liable when the fall occurred due to a hazard on their property, too. The facility is responsible for maintaining safe conditions on the property, and if they fail to do so, they are liable for any injuries that occur as a result of their negligence.

Some falls are not preventable, but if a fall could have been prevented, the nursing home facility may be held liable for your loved one’s injuries.

Has your loved one been injured in a nursing home fall? If so, seek legal representation from the personal injury attorneys at Reisch Law Firm. Let us handle the legal aspect of your case while you focus solely on caring for your injured loved one. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

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