Establishing Liability In Assisted Living Injury Cases
An experienced attorney can hold the facility accountable
Cases involving assisted living abuse and neglect can be legally quite complex. That's because unlike nursing home residents, assisted living residents still have a fair degree of independence. Issues that emerge in these facilities can be subtle, which means proving liability for an injury is often difficult.
In the Atlanta area and throughout Georgia, families of people harmed in assisted living facilities turn to the Law Office of George S. Johnson. Assisted living abuse and neglect attorney George S. Johnson understands the complex laws surrounding assisted living negligence, and he knows how to hold those negligent facilities accountable.
Here's how we can prove the assisted living facility is liable
Elderly and disabled people live in assisted living facilities for a simple reason: They need a safe, supportive and caring environment. When facilities fail to meet that duty of care, they can be held liable. Some reasons we can hold those negligent facilities accountable include:
- Understaffing. In order to provide the proper level of care to residents, assisted living facilities need to have sufficient staff. Unfortunately, many assisted living facilities are critically understaffed. Those staffing issues can lead to serious injuries, especially if a resident has a medical issue that requires prompt attention and is left alone due to staffing shortages.
- Negligent hiring and supervision. Just because a facility has enough staff doesn't mean it has the right staff. In some cases, residents are injured because staff members at the facility are not properly trained to provide the care they need. In others, the facility fails to conduct necessary background checks or address reports of abuse or neglect in a timely manner.
- Premises liability. Like any other property owner, the owner of an assisted living facility has a responsibility to provide safe and secure premises. Indeed, that responsibility is even stricter for assisted living facilities because their residents are elderly or disabled and thus more vulnerable than the general population. If the facility fails to provide adequate lighting, clean and maintain the premises, or maintain adequate security, serious injuries can follow.
- Medical negligence. Staff at an assisted living facility are responsible for providing residents with medical attention when necessary. If a resident is given the wrong medication or left with an untreated medical condition, the facility could be held liable for any injury or illness that follows.
In some circumstances, a third party rather than the facility itself could be held liable for a resident's injuries. For example, an outside contractor may have failed to provide adequate security on the premises, or a visitor to the facility may have committed an act of abuse against a resident.
Get a lawyer who understands complex liability laws on your family's side
Holding negligent assisted living facilities accountable for injuries that happen on their grounds is rarely easy. The facility may deny wrongdoing and withhold or even destroy evidence. And when negligent third parties are involved, the picture gets even more complex. That's why it's so important to contact an experienced attorney right away.
Attorney George S. Johnson has the experience and legal acumen needed to build strong legal cases against negligent assisted living facilities. If your loved one was abused or neglected, we'll help you hold the facility accountable. Call today for a free consultation.