The law imposes upon the owner of a nursing home, assisted living facility and any medical facility the duty to properly care for its residents. The owners must make the premises reasonably safe for residents. In other words, the law says that the owner of a nursing home or assisted living facility must exercise reasonable care to see to it that residents are protected from neglect. The concept of reasonable care requires the owner of nursing home, assisted living facility to take action with regard to conditions and protect residents from dangerous conditions. In addition to protecting residents from neglect, if there was a condition of hallways or sidewalk that was dangerous in that it created an unreasonable risk of harm for residents, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time, then the owner is negligent.
If someone was injured in the nursing home, a question of negligent and proximate cause must be answered.
What is the negligence of the nursing home? If no negligence, most law offices will not handle the case.
Was the negligence the proximate cause of the injury?
In addition to fall downs, if a person is injured based on negligent "care" by a nursing home, assisted living facility, they also could be liable for damages.
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