Your loved one slips and falls in a nursing home. He or she is seriously injured. You want to seek compensation, but you’re not sure if you can. After all, aren’t falls just a realistic risk with the elderly?

They are, but that doesn’t mean you can’t seek compensation. If the nursing home was negligent, your loved one may still have a right to compensation, especially when facing medical bills and life-changing injuries. After all, the nursing home has a duty of care to the residents, and, while the staff can’t prevent all accidents, they must try to create a safe space.

Below are five ways that negligence could be found:

  1. The staff was not trained properly and so could not prevent the accident.
  2. The elderly person was not being supervised when supervision was clearly needed.
  3. There was deliberate misconduct, with a nursing home staff member causing the accident.
  4. The equipment and furniture used was not safe. Perhaps it was equipment that was clearly too dangerous for the elderly to use or did not take into account the increased fall risk.
  5. The property was in poor condition and wasn’t maintained properly. For instance, a loose banister gave way. It was intended to prevent falls, but it caused the one that injured your loved one. A few loose screws can make a world of difference, and facilities have to be maintained with consistent upkeep.

Do you think you and your loved one have a case? If so, be sure you know how the legal process will play out.

Source: FindLaw, “Nursing Home Slip and Fall: Can You Sue for Negligence?,” George Khoury, Esq., accessed July 21, 2017