Florida Nursing Homes and Fall Accidents: What to Know About Liability
Fall accidents can lead to very serious injuries—especially for senior citizens and other vulnerable adults. The Centers for Disease Control and Prevention (CDC) reports that more than 750,000 people are hospitalized for fall accident injuries every year. As the danger is so well-known, nursing homes must take proactive steps to prevent fall accidents. In this guide, our West Palm Beach nursing home abuse attorneys provide an overview of fall accident liability in Florida.
Nursing Homes and Fall Accidents: Liability is Based on Negligence
Nursing homes owe a duty of care to their residents. Under state and federal laws, assisted living facilities and long term care centers have a responsibility to take reasonable precautions to protect the health and well-being of vulnerable people. Among other things, this includes creating effective fall prevention policies.
If a nursing home is negligent and a fall accident occurs as a result, the facility can be held liable for the resulting damages. To be clear, nursing homes are not always liable for fall accident injuries. These facilities will bear responsibility if the victim can establish that their negligence (failure to exercise due care) caused the fall. Some notable examples of nursing home negligence that can lead to fall accident injuries include:
- Wet or slippery floors;
- Loose or damaged floor boards;
- Cords or other debris in walking ways;
- Failure to effectively monitor/supervise residents;
- Failure to properly train staff members;
- A malfunctioning bed rail;
- Prescription drug errors; and
- Reckless or other improper resident transfer methods.
Nursing home fall accidents are not like falls at other businesses/properties. Residents are inherently vulnerable and these facilities have an obligation to put an effective plan into place to reduce the risk of a fall accident. The duty of care that a nursing home owes its residents is far higher than the duty of care that a business owes to its customers. Too many nursing home falls occur because a mentally or physically impaired resident was not properly monitored by staff.
Nursing Home Falls Must Be Investigated
All nursing home fall accidents should be comprehensively investigated. You and your family need to know exactly what happened and why the fall accident occurred. If your elderly or vulnerable loved one was harmed because of the facility’s negligence, the nursing home must be held accountable. Justice matters. Depending on the nature and severity of the fall accident, financial compensation may be available to cover medical bills, rehabilitative care, pain and suffering, long-term disability, and wrongful death.
Contact Our South Florida Nursing Home Abuse Lawyers Today
At Pike & Lustig, LLP, our Miami & West Palm Beach nursing home injury attorneys are diligent, results-driven advocates for victims and their families. If your vulnerable loved one was injured in a fall accident in a nursing home or assisted living facility, we are here to help. Call our West Palm Beach office or Miami office to get your free consultation. We handle nursing home neglect cases in Southeastern Florida and beyond.
Resource:
cdc.gov/homeandrecreationalsafety/falls/adultfalls.html
