Falling accidents are common in nursing homes and often happen because of negligence, making some facilities liable for victims’ damages in Pennsylvania.
Nursing homes and their staff owe a duty of care to residents. This duty involves providing a reasonable level of care and ensuring a reasonably safe environment. A breach of this duty could lead to a fall, making the nursing home liable for the victim’s injuries and damages. For example, leaving hazards in the hallway or depriving residents of necessary mobility aids could result in serious falling accidents. We can investigate the accident further by interviewing eyewitnesses and reviewing additional evidence to confirm liability. If the nursing home is at fault, our lawyers can help you file an injury lawsuit within Pennsylvania’s two-year statute of limitations for such claims.
You can call The Reiff Law Firm at (215) 709-6940 to schedule a confidential and free evaluation of your case with our Philadelphia slip and fall accident lawyers today.
When Are Nursing Homes Responsible for Falling Accidents in Pennsylvania?
Whether or not a nursing home is liable for a recent falling accident will depend on whether or not the facility or a staff member breached the duty of care they owed to a resident, resulting in the resident becoming injured.
A nursing home might be liable for a falling accident if its negligence or a staff member’s negligence caused the incident. For example, the nursing home could be liable if a resident tripped over a broken tile on the floor.
Furthermore, if a resident fell because nursing home staff denied them the use of assisted walking devices, the nursing home could be responsible.
Residents with histories of falls or those who need to use mobility aids might be more likely to have falling accidents. Nursing home staff should give such residents the proper level of care so as to avoid falls.
Because the risk of falls is common among residents, nursing home facilities often have fall prevention programs or guidelines for staff to follow. For example, nursing homes can lower the risk of falls by providing mobility aids to residents, using nightlights, and clearing hallways and living spaces of hazards or obstructions. Violating facility protocol and leaving residents in dangerous situations might lead to preventable and serious falls or trips.
When injured in falling accidents, nursing home residents should report them right away. Victims should also get medical attention to document their injuries and monitor their physical recoveries.
When Aren’t Nursing Homes Responsible for Falling Accidents in Pennsylvania?
Although negligence is a top cause of falls in nursing homes, it is not the only cause. Some falls or accidents are not preventable and do not happen because of a breach of duty of care.
A nursing home would not be liable for an unpreventable or unforeseeable fall. For example, if a resident stood up suddenly, took a few steps, and fell because of lightheadedness, spraining their wrist, the nursing home might not be liable. However, things could get complicated if the resident was weak because they were malnourished or denied their medication because of abuse.
Even if a fall seems unrelated to negligence initially, it is important to investigate the matter further to confirm whether or not the nursing home could be liable.
If your loved one recently suffered a fall that the nursing home could not easily explain, it could be because of abuse or negligence.
How Often Are Nursing Homes Responsible for Falling Accidents in Pennsylvania?
Falls are exceedingly common among nursing home residents. In fact, according to the Nursing Home Abuse Center, over half of residents suffer falls each year, leading to injuries and deaths. But how many of those falls are due to negligence, and how many are not?
Unfortunately, negligence in nursing homes is common. Though it’s unclear how many falling accidents and injuries are due to negligence, it is important to consider that possibility if your loved one recently sustained falling injuries as a nursing home resident.
Furthermore, if your loved one told you they fell in response to you questioning recent injuries, but their injuries seem worse than the accident they described, it could be because of abuse. Physical abuse in nursing homes could lead to various injuries, including falling accidents due to weakness or previous injury.
What if a Nursing Home is Responsible for a Falling Accident in Pennsylvania?
Victims can hold nursing homes liable for negligence or intentional wrongdoing by their staff members. This means that even if a staff member’s negligence caused the resident’s fall, the nursing home itself can be sued due to vicarious liability.
Victims must file claims for nursing home falls within two years in Pennsylvania under 42 Pa.C.S. § 5524. Victims who do not file a case within this timeframe will lose their opportunity to recover compensation.
If staff caused or contributed to the accident, we must gather evidence of that fact. Our Doylestown, PA slip and fall accident lawyers can obtain surveillance footage, incident reports, eyewitness statements, the victim’s medical records, and other evidence and information to use in support of your claim.
Victims in these situations might not identify negligence, and negligent parties might see this as an opportunity to downplay the situation. So, victims often rely on their friends and family to step in and offer support. Falling accidents might be indicative of a larger issue like abuse or a broader negligence problem at a nursing home, which is why addressing these situations and holding nursing homes accountable is important.
Victims can sue negligent nursing homes for various damages due to a falling accident, including medical damages and compensation for their pain and suffering.
Call Our Pennsylvania Injury Lawyers Now
The Reiff Law Firm’s Media, PA slip and fall accident lawyers can assess your case for free when you (215) 709-6940.
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