If your loved one has wandered off a nursing home's premises and hurt themselves, you have the right to hold the nursing home liable for the ensuing damages. Your chances of succeeding with the claim are high if you can prove the following issues.
The Nursing Home Knew the Resident Might Elope
There are several ways in which you can prove that the nursing home knew your loved one was capable or planned to wander off the premises. For example, a nursing home should know that a resident might wander off the premises if:
- The resident has a mental condition that affects their memory, such as Alzheimer
- The resident's loved ones have informed the nursing home about the resident's tendency to wander off
- The resident has engaged in similar incidents in the past, and the nursing home knows it
The Nursing Home Should Have Known the Resident Might Elope
Even if a nursing home claims that it didn't know your loved one might elope, you may still be able to make them liable for the elopement if you can prove that they should have known about it. This is one of those cases where ignorance cannot be used as a defense. For example, nursing homes should screen their residents upon admission and periodically, and one of the purposes of the screening is to identify those who might wander off the premises. Therefore, a nursing home that doesn't undertake the screening and fails to identify those who might wander off becomes liable for the ensuing damages associated with residents who do wander off.
The Resident Got Injured During Their Hiatus from the Home
As a rule, your loved one doesn't deserve compensation just because they were off premises for some time. For you to hold the nursing home liable for damages, you need to prove that your loved one was injured during their time off the premises. This applies both to physical injuries such as slip and fall accidents and mental injuries such as the anxiety associated with finding oneself in a strange environment and being unable to return to the home.
The Nursing Home Staff Lacked the Capacity to Prevent the Elopement
The nursing home also becomes liable for the damages associated with the elopement if you can prove that their staff could not have prevented the elopement because they are not trained to detect residents who might wander off the nursing home. In this case, you will use the legal principle of negligent hiring and retention.
For more information, contact a law office like Blazef -Horner Anica Law Office of.