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How to hold a care facility liable for damages

Many high-quality care facilities for the elderly exist in Georgia and across the nation. While these places offer a secure environment and different levels of care for their residents, preventable accidents could still happen in which the care facility may be deemed liable.

In the first place, if a resident is injured because the care home or assisted care facility fails it its responsibility to keep its premises free from obvious hazards, the injured resident or the resident's family could hold the facility responsible for damages. Some examples include a resident who trips and falls because an employee left an object in the facility's hallway, or because a floor surface was not sufficiently cleaned. The facility could also be held liable if a resident was seriously injured in a bathroom because there were no support or safety bars to prevent the resident from slipping and falling, or the ones that were there were broken.

In such instances, the facility may be held liable for a person's injuries if the accident was due to the gross negligence or neglect on part of the employees or the property owner. This may include employees who failed to keep the facility free from dangerous conditions or deliberately intended to cause a resident to become hurt. Elder care facilities may also be sued if a resident is injured because evidence exists showing the person's injuries were caused by the facility failing to be compliant with safety and health regulations.

Care facilities are required by law to maintain a safe environment for its residents, visitors and employees. A patient who suffers a serious injury because of the negligence of those in charge may want to have the assistance of an attorney who has experience in premises liability cases in seeking compensation for the accident-related losses.

Source: My Valley News, "When Should You Consider Suing a Nursing Home?", Morton Gabel, Dec. 29, 2015

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