When Can a Nursing Home Be Held Legally Liable for a Fall Injury?
Fall accidents are one of the leading causes of severe injuries — and fatalities — for older Americans. According to the most recent data from the National Council on Aging (NCOA), more than 800,000 senior citizens are hospitalized after a fall accident every year.
Nursing homes have a responsibility to protect all of their residents from fall hazards. Unfortunately, fall accidents still occur far too frequently at California nursing homes. Here, our dedicated San Francisco nursing home neglect lawyers explain when an assisted living facility can be held legally liable for a fall accident.
Nursing Homes Owe a Duty of Care to Residents
Nursing homes and assisted living centers owe a duty of care to all residents/patients. These facilities must comply with certain state and federal safety requirements, including the 1987 Nursing Home Reform Act and the California Resident Bill of Rights. As elderly people are especially vulnerable, California facilities are held to heightened legal obligations.
Holding Negligent Nursing Homes Accountable
In California, personal injury claims — including nursing home injury claims — are generally based on negligence. In order to hold a nursing home legally liable for a fall accident, a plaintiff must be able to prove that the facility’s negligence contributed to the fall. Common examples of nursing home negligence that can lead to serious fall accidents include:
- Understaffing or inattentive staff;
- Lack of adequate staff on fall prevention;
- Dangerous conditions on the premises;
- Failure to conduct adequate maintenance; and
- Failure to put an effective fall prevention program in place.
Notably, nursing homes have a proactive duty to protect residents from falls. Many nursing home patients have pre-existing medical conditions and mobility issues that drastically increase the risk of fall accidents. Nursing home administrators must take action to protect these residents.
Compensation Available to Injured Nursing Home Patients
If your loved one was injured in a fall that was caused by a negligent nursing home, they may be eligible to recover compensation for their damages. Getting full and fair compensation can be challenging. At Bracamontes & Vlasak, our San Francisco nursing home neglect lawyers have the skills and experience to help you and your family recover the maximum available financial compensation. You or your loved one may be eligible to recover damages for:
- All medical bills;
- Rehabilitative care and physical therapy;
- Cost to relocate to another nursing home;
- Pain and suffering;
- Permanent disfigurement or physical impairments; and
- Wrongful death.
Was Your Loved One Injured in a Fall at a California Nursing Home?
We are here to help. At Bracamontes & Vlasak, our top-rated San Francisco nursing home abuse lawyers have extensive experience handling fall accidents claims. If your loved one was injured in a nursing home fall accident, please do not hesitate to contact our legal team for a free, no obligation consultation. From our office in San Francisco, we handle nursing home injury cases throughout the Bay Area, including Alameda County, Santa Clara County, and Contra Costa County.
