Can You Sue for a Nursing Home Slip and Fall?

Nursing homes often get bad reputations, whether for mistreating their patients or for providing substandard living environments. Of course, not all nursing homes are bad, but accidents can and do occur. And when they do, such as in a case of a slip and fall, is the nursing home liable and capable of being sued for negligence?

Here, Bain & Rodzik's personal injury attorney in Supply NC shares some insight into nursing home liability and the challenges of suing your nursing home.

What Does It Take to Prove a Slip and Fall Accident?

The key to any slip and fall lawsuit is having the evidence necessary to prove that the owner or operator of the premises was negligent and that their negligence was directly responsible for the accident occurring. Proving such a case starts by being able to show that the responsible party owed a “duty” to the injured party. In the case of a slip and fall, the injured party has to show that the defendant breached their duty of providing patients, visitors, and staff with clean and safe walkways inside and out with no trip hazards. But, nursing homes are often held to higher duty of care standards.

The Complexities of Nursing Home Slip and Fall Cases

The problem with suing a nursing home for a slip and fall injury is that these cases are exceedingly complex. The reason is because in an environment where residents are already in a weakened physical state or use ambulatory assistance equipment like canes or walkers, the risks of falling are already heightened. And, because nursing homes need to be kept as sanitary as possible, there is always the potential of there being wet floors.

There is a lot to consider when trying these types of accident cases. For instance, was the patient walking without his cane or walker at the time of the fall? Were there plenty of warning signs in the area notifying residents that the floor was just mopped? Did the patient spill water on himself prior to him getting up and walking?

If any of these situations occurred, then it is unlikely the nursing home would be found liable. The only way the nursing home can be sued for negligence is if it failed to meet the duty standards it owed its patients. Even then, you would have to successfully argue that “but for” this action the injury would not have occurred.

Did You Suffer a Slip and Fall Injury in a Nursing Home? Call Bain & Rodzik Today

If you or someone you love recently suffered a slip and fall injury in a nursing home and you believe that it was the result of negligence, call Bain & Rodzik's personal injury attorney in Supply NC today. Our legal team has experience dealing with personal injury cases against nursing homes and we can help you recover the damages that are owed to you.

Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation. We're here to help, so call now! With Bain & Rodzik, you don't pay us unless we win your case.