Nursing homes primarily house the elderly, physically disabled individuals, or chronically ill patients who require long-term assistance. The majority of the residents have mobility issues, problems with balance, or medical conditions that make them vulnerable to injuries from falls. Caregivers in assisted living facilities are legally obligated to provide safe living spaces that promote the overall well-being of those in their care.
This is because slips and falls can happen even in seemingly safe environments like nursing homes. If you or a family member is a victim of this unfortunate accident, you may question whether pursuing legal action is possible.
What Is a Slip-And-Fall Accident?
An incident of this nature happens when someone slips on a wet floor or trips over an obstacle, resulting in a dangerous fall on another person’s premises. Slips and falls can cause serious injuries like bone fractures, head trauma, and even death. If a slip-and-fall accident occurs in a nursing home, you want to bring a premises liability lawsuit against the facility and seek compensation for the injuries sustained.
Nursing homes owe it to their residents and guests to keep them safe. If the facility fails to address hazards that could lead to a slip-and-fall, it could be liable for the injuries sustained. To determine if you have a valid legal claim against a skilled nursing facility for a slip-and-fall accident, you need to establish the following elements:
- Duty of care: The nursing home owed you a duty of care to maintain a reasonably safe environment.
- Breach of duty: The nursing home breached that duty by failing to address or correct known hazards that led to your slip-and-fall accident.
- Causation: The nursing home’s breach of duty directly brought about your injuries.
- Damages: You suffered actual damages stemming from the slip-and-fall, such as physical injuries, medical bills, pain, suffering, or other losses.
If you can prove the assisted living facility’s neglect of duty caused the incident, you can bring a suit against them. To do so, establish the viability of your claim with the help of a personal injury attorney. They can assess your case and offer you tailored advice and representation.
Determining Liability in Nursing Home Slip-And-Fall Cases
Establishing liability following a slip-and-fall accident in nursing homes can be complex. To hold the nursing home answerable, you must prove that their negligence or failure to fulfill their duty of care directly led to the accident. In these cases, negligence can include keeping hazardous conditions, inadequate staff training, and negligent supervision. Nursing homes must keep a safe environment for their elderly or physically disabled residents.
They may be held liable for any resulting injuries if they fail to address hazards like wet floors, uneven surfaces, poor lighting, or loose handrails. Properly trained employees can help prevent slip-and-fall accidents. If the facility does not provide adequate staff training or ignores safety protocols, it can contribute to its liability. Also, care facility staff should regularly monitor residents to ensure their safety. If a lack of supervision or neglectful care led to the slip-and-fall incident, the nursing home may be found legally accountable.
Proving Nursing Home Negligence After a Slip-And-Fall
To pursue a successful lawsuit against a residential home for seniors or disabled people, you must gather evidence demonstrating negligence and the ensuing damages. This can include obtaining a copy of the incident report filed by the nursing home staff, which can provide crucial details about the accident and support your claim. You must also collect medical records that highlight your injuries from the slip-and-fall.
These records can strengthen your case and establish the connection between the incident and the injuries. If there were witnesses to the slip-and-fall accident, their testimony could prove invaluable for your claim. Gather statements from witnesses to help establish the nursing home’s negligence. In addition, take detailed pictures or videos of the accident scene and the unsafe conditions that led to the fall. Visual evidence can be compelling in demonstrating negligence.
Statute of Limitations and Possible Damages
All personal injury cases have a statute of limitations. In Pennsylvania, slip-and-fall claims must be filed within two years of the accident date. You may lose a chance to seek compensation or have your case dismissed if you do not file a lawsuit within the stipulated time frame. Damages the injured party can pursue include current and future medical expenses related to the injuries sustained in the accident.
Compensation may also be sought for pain and suffering, lost wages or income due to the inability to work, and any other financial losses directly resulting from the slip-and-fall incident. Again, you need to gather all relevant evidence and documentation to support your claim and maximize the amount you can recover. Hiring a skilled personal injury lawyer can significantly increase your chances of a successful claim and take some of the stress off of your shoulders.
Contact the Talented Pennsylvania Slip-And-Fall Accident Lawyers at RGSG Today
Are you considering pursuing legal action after a slip-and-fall accident in a nursing home? You are more likely to succeed with a reliable personal injury lawyer from Rubin, Glickman, Steinberg & Gifford, P.C. The law firm has served Southeastern Pennsylvania residents for over 65 years, providing exceptional legal representation in personal injury cases.
Our powerful team of RGSG lawyers has over 65 years of experience litigating complex cases, including slip-and-fall accidents in nursing homes. If you or a loved one has been injured in a nursing home slip-and-fall accident, we are ready to review your claim, clarify your legal options, and provide much-needed guidance. Give us a call at (215) 822-7575 or complete our contact form to take the first step toward seeking justice and securing fair compensation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 6, 2023
