Nursing Home Abuse and Assisted Living Facility Liability

Compiled by Kenneth Vercammen, Esq. from various sources The law imposes upon the owner of a nursing home, assisted living facility and any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the owner of a nursing home, assisted living facility or commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of nursing home, assisted living facility or commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it. If there was a condition of hallways or sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, 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 thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent. If someone was injured falling down 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, Kenneth Vercammen's law office 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. If Someone falls and is injured- at the accident scene. 1. Stop . . . do not leave the scene of the accident. Have someone call an Ambulance, tell them where the accident occurred 2. Notify the property manager or owner, if possible. Insist they observe where you fell. For example, if you fall on a slippery hallway or sidewalk, notify the manager. 3. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down any identifying details. 4. While waiting for ambulance, try to write down- Accident Information Date __ Time __ Location __ Weather __ 5. Write Summary of accident __ 6. Diagram of accident location 7. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away, not in a week or so. 8. Write down name of Police Officers, Department and Badge Number, Ambulance crew, etc. 9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel. - Be cooperative with the police. 10. Have immediate photos taken of accident site. 11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you. more info at http://www.kennethvercammen.com/nursing_home_liability.html