Can a Nursing Home be Held Responsible for a Slip and Fall Accident?

There are a number of reasons that a slip and fall accident could occur in a nursing home, and many of them are preventable. Surfaces that are damaged or uneven, floors that are wet or slippery or even just the age and physical ability of the nursing home resident can cause a person to lose their footing and fall. Many of the causes of slip and fall accidents are the result of a careless nursing home attendant, which means the nursing home could be held responsible for injuries caused by these accidents. Injuries can range in severity from bruising to broken bones, brain injuries or even death in some cases. If you or a loved one has been a victim of a slip and fall nursing home accident, an Illinois nursing home negligence lawyer can help you determine if the responsible party acted in a negligent manner.

Property Owners Have a Duty to Occupants

The Illinois Premises Liability Act states that a property owner must make sure that their property is reasonably safe for occupants and visitors, known as the “duty of reasonable care.” According to the duty of reasonable care principle, all property owners are responsible for keeping their property safe and free of dangerous items or situations that a “reasonable person” would know to be dangerous.

When it comes to a nursing home, the situation can get a little more complex. Most nursing homes exist because residents need a little more help in their daily lives performing basic activities and getting from place to place. Nursing homes are required to meet certain state and federal standards to keep their residents safe. If you can prove that any of those standards were not met, you may have a case.

What is Negligence?

There are many definitions of negligence, though there is a specific definition that pertains to legal matters. In the Illinois Civil Pattern Jury Instructions, negligence can occur when a person fails to do something that a “reasonably careful” person would do in similar circumstances or when a person does something that a “reasonably careful” person would not do in similar circumstances.

Proving Negligence in a Slip and Fall Case

Most personal injury cases involve the idea of negligence. In Illinois, contributory negligence is used, meaning the plaintiff (you) is not always 100 percent innocent when it comes to responsibility for the accident. As long as your portion of responsibility for the accident is less than 50 percent, you can still receive damages from the defendant (the nursing home.)

In personal injury cases, the plaintiff has the burden of proof, meaning you have to prove that the property owner acted negligently. To prove the negligence of the property owner, you have to prove the following:

• There was a dangerous situation present on the property that the nursing home staff should have known about, or the nursing home violated a state or federal standard;
• The danger that was present or standard that was violated on the property is the reason why you slipped or fell;
• You suffered some sort of injury because of that slip or fall; and
• The injury caused you to sustain damages, such as medical bills or pain and suffering.

Are Nursing Homes in Illinois Liable for Falls?

Falls are a major concern in nursing homes, often leading to serious injuries like fractures, head trauma, and even death for elderly residents. Many families wonder if the nursing home is responsible when a fall occurs. In Illinois, nursing homes can indeed be held liable for falls, especially when negligence or a failure to provide adequate care contributes to the incident.

Nursing Home’s Duty of Care

Nursing homes in Illinois have a legal responsibility, known as a “duty of care,” to protect their residents from foreseeable harm. This means they must provide a safe environment and a certain standard of care. This duty is outlined in various laws, including the Illinois Nursing Home Care Act. This Act sets standards for resident rights, care quality, staffing levels, and overall facility operations.

When a nursing home accepts a resident, they commit to meeting their needs. This includes assessing their individual risks, such as the risk of falling, and implementing measures to prevent falls.

What is Negligence?

Negligence in a nursing home context means that the facility or its staff failed to act reasonably, and this failure led to a resident’s injury. For a nursing home to be liable for a fall, it generally needs to be shown that:

1. Duty of Care: The nursing home had a duty to protect the resident (which they always do).
2. Breach of Duty: The nursing home failed to meet this duty. This could involve not assessing fall risks, not following a care plan, or not keeping the facility safe.
3. Causation: The nursing home’s breach of duty directly caused the resident’s fall and injuries.
4. Damages: The resident suffered actual harm (e.g., medical bills, pain and suffering).

Common Causes of Preventable Falls

Many falls in nursing homes are preventable and often point to a lapse in the facility’s duty of care. Common factors that can lead to preventable falls include:

• Inadequate Staffing: Not having enough staff to properly supervise residents, respond to call lights, or assist with mobility can lead to residents attempting to move on their own when they shouldn’t.
• Poor Supervision: Residents who are known fall risks may not receive the constant monitoring or timely assistance they require.
• Environmental Hazards: Unsafe conditions within the facility, such as wet floors, cluttered hallways, poor lighting, loose carpeting, or inadequate bed rails and grab bars, can cause residents to trip or slip.
• Medication Issues: Certain medications can cause dizziness, weakness, or confusion, increasing fall risk. Errors in medication management, such as incorrect dosages or failing to monitor side effects, can contribute to falls.
• Failure to Follow Care Plans: Each resident should have a personalized care plan that outlines their needs and precautions, including fall prevention strategies. If staff fail to follow this plan, it can lead to falls.
• Improper Use of Assistive Devices: Not providing necessary walkers or wheelchairs, or not assisting residents properly when using them, can result in falls.

The “Right to Fall” Misconception

Some nursing homes might argue a resident has a “right to fall,” implying they cannot be held responsible if a resident falls while trying to maintain independence. However, this is a misleading interpretation.

While residents do have rights to autonomy and freedom from unnecessary restraints under the Illinois Nursing Home Care Act, this does not absolve the nursing home of its duty to provide a safe environment and appropriate supervision. The “right to fall” does not mean a nursing home can ignore a resident’s assessed fall risk or fail to implement reasonable precautions.

Steps After a Fall in an Illinois Nursing Home

If a loved one falls in an Illinois nursing home, here are important steps to consider:

1. Seek Medical Attention: Ensure your loved one receives immediate and proper medical care for any injuries.
2. Document the Incident: Request a copy of the fall incident report from the nursing home. Take photos of any injuries and the area where the fall occurred if possible. Note the time, date, and any witnesses.
3. Report to Management: Speak with the nursing home administration about your concerns and the circumstances of the fall.
4. File a Complaint with IDPH: If you suspect neglect or a violation of care standards, file a complaint with the Illinois Department of Public Health (IDPH). They can investigate the facility.
5. Consult a Nursing Home Attorney: A nursing home attorney can help investigate the fall, gather evidence, determine if negligence occurred, and pursue a claim for damages to cover medical expenses, pain and suffering, and other losses.

Holding nursing homes accountable for preventable falls is crucial not only for the injured resident but also for ensuring safer conditions for all residents in these facilities.

Have a Cook County Nursing Home Negligence Lawyer Examine Your Case

If you believe that you have suffered a slip and fall injury because of the negligence of another person, you should get in touch with an Orland Park, IL, nursing home negligence attorney right away. Injuries sustained from slip and fall accidents can become serious and can result in expensive medical bills. At the Fotopoulos Law Office, we will make sure you understand all of your rights and determine which option would be best for seeking compensation. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Compiled Statutes

General Cautionary Instructions