Who is Responsible When the Resident of a Maryland Elder Care Facility is Injured by Tripping on Frayed or Loose Carpeting?
Nursing homes in Maryland are required by law to maintain their facilities in good order and to be free from hazards, such as loose or poorly maintained floor coverings. As simple as a frayed section of carpet may appear to the average person, in a nursing home setting this is exactly the type of seemingly innocuous condition that often leads to a serious and potentially debilitating injury for older residents of eldercare facilities.
If a nursing home or other elder care facility ignores hazards such as loose or otherwise damaged carpeting; poorly attached handrails; or poorly illuminated living areas, and a resident is injured as a result, then a court may very likely find that facility liable for the victim’s injuries and responsible for monetary damages precipitated by the resulting fall.
Statistically speaking, the sad truth is that 50- to 75-percent of nursing home residents will experience at least one fall each year. This may sound like an alarming number, but research from the Centers for Disease Control and Prevention (CDC) shows that a typical Maryland skilled nursing facility with 100 beds will report up to 200 fall cases annually — and those are only the instances that are reported; many more surely go undocumented every year.
At Lebowitz & Mzhen, LLC, we understand that the risk of falling is one of the more common reasons why families may choose to move their elderly parent or grandparent to a Maryland assisted living facility or nursing home. We also know that its completely reasonable to expect that any eldercare facility, as well as its staff, will anticipate those potential fall risks and attempt to minimize them for the safety and well-being of their residents.
Our attorneys know that when a fall does occur at a Maryland nursing facility, it shouldn’t mean that the facility or its staff is automatically at fault from a legal standpoint; however, such occurrences can indicate some level of nursing home negligence or possible malpractice. Of course, if you or a family member suspects that an elderly relative has been injured as a result of possible negligence or abuse at a Maryland or Washington, D.C., nursing facility, we highly recommend that you contact a qualified personal injury lawyer with experience in eldercare injury cases.
Not every fall is preventable even in a skilled nursing facility, therefore not every instance of a resident being injured will lead to a viable personal injury claim. However, if the eldercare facility or one of its staff can be found to have acted negligently, that can lead to liability. This includes failing to take reasonable steps to avoid the conditions that led to the fall.
If you believe that your elderly relative has been injured as a result of nursing home negligence, the personal injury attorneys at Lebowitz & Mzhen, LLC, have the legal expertise to help your loved one recover monetary damages afforded them under the laws of the State of Maryland. Please feel free to contact us to review your case during a free, no obligation initial consultation.