When Could You Have a Claim for Nursing Home Negligent Security?

Posted on behalf of Jeff Pitman on January 5, 2022 in Nursing Home Abuse
Updated on April 24, 2024

wheelchair in dark hallway - nursing home negligent securityNursing homes owe residents a duty of care to ensure the environment they live in is safe and secure from foreseeable harm. Yet many facilities fail to adequately address physical security for the residents in their care. What can family members do if they are concerned about nursing home negligent security? Are there legal options if this negligence leads to the serious injury of a loved one?

At PKSD, we have extensive experience helping families seek compensation for elderly loved ones injured by the negligence of a nursing home. Our dedicated Wisconsin nursing home abuse lawyers have a proven track record, recovering millions on behalf of injured residents.

Call our law offices today to learn more about how we may be able to help you. We can take your call anytime, night or day.

FREE Initial Case Review. 414-333-3333

When Could You Have a Claim for Nursing Home Negligent Security?

Both federal and state laws require nursing homes and long-term care facilities to take reasonable steps to protect residents from foreseeable harm. This legal concept is used to measure whether a reasonable person or entity should have been able to predict a certain outcome of harm as a result of their actions or inactions.

Nursing home negligent security is just one aspect of how a facility may fail to reasonably protect residents from foreseeable harm. If your loved one suffered injuries because his or her nursing home failed to satisfy this duty, you may have a valid claim.

Many families may be unsure what constitutes foreseeable harm. Here are some of the common ways nursing homes fail in this duty to residents:

  • Preventing staffing shortages: Unfortunately, many facilities place profit over the well-being of residents in their care. In fact, a recent documentary reveals that many nursing homes may be purposely understaffing their facilities to increase their profit.
  • Conducting proper background checks: This measure helps to reduce the risk of hiring staff with a prior history of abusive behavior.
  • Securing the property: Facilities should ensure the property is not only well-lit, but that there are security locks and other measures to prevent criminals from being able to gain access to the facility and its residents.
  • Assessing residents and implementing care plans: Taking a proactive approach with regard to the implementation of care plans is critical. Patients with certain conditions, such as Alzheimer’s, require more supervision as they are more prone to wandering off. This puts residents at risk of walking into traffic, tripping and falling or being physically attacked.

Proving Negligent Security in a Nursing Home

Finding proof of nursing home negligent security is challenging. Often facilities may not cooperate. Worse still, caregivers may try to say that your loved one is mentally unable to understand what is happening around them.

Having an experienced lawyer on your side throughout the legal process may benefit you and the outcome of your claim. This is especially true of qualified attorneys who have extensive experience handling legal cases involving nursing homes and negligence. Additionally, it is worth mentioning that victims typically receive significantly larger settlements when represented by an attorney than those who are not.

To determine whether there is sufficient evidence of a nursing home’s failed duty to your loved one, an attorney will need to assess these four legal elements of negligence.

The Nursing Home Owed Your Loved One a Duty of Care

Was your loved one a resident at the facility? If so, then the facility owed a legal duty to him or her. This includes taking reasonable measures to protect your loved one at all times, whether he or she is walking in the hallway, resting in his or her room or strolling outside on the property.

The Nursing Home Failed in its Duty to Protect Your Loved One

There are many ways that a resident can suffer a serious or fatal injury due to nursing home negligent security. Some examples of how this failed duty may happen include:

  • Broken locks that are known about but not repaired
  • Video surveillance cameras that are either not working or not regularly monitored
  • Failing to properly assess residents that may be more likely to wander off
  • Not having a proper check-in procedure for visitors, which should include providing identification
  • Failing to do proper screening/background checks of nursing home staff
  • And more

Negligent Security Failed in its Duty and it Led to Your Loved One’s Injury

When careless or negligent security results in an accident, a nursing home facility may be liable for any resulting damages. For instance, say the facility had an unrepaired lock it knew about – or should have known about. If that broken lock enabled a resident with dementia to wander off the property, it could lead to a serious or fatal accident.

Your Loved One Suffered Damages Due to the Nursing Home’s Failed Duty

While no one can prevent every possible accident, nursing homes are required to regularly assess potential security threats, like broken door locks or non-working lights. They should also consider the geological area of the facility. Additional security, such as video camera surveillance or security staff, is needed due to a greater risk of crime in the area.

PKSD is Ready to Provide Legal Help

When families place their loved ones in a nursing home, they want assurance that they are in good hands.

If your loved one’s nursing home failed in its duty and he or she suffered harm, that facility may be liable for the damages. Our qualified attorneys are prepared to determine if you may be eligible to seek compensation on his or her behalf.

Contact PKSD as soon as possible to set up your free initial consultation and find out if you may have a claim. We are deeply committed to helping families hold nursing homes accountable for negligence when it causes the injury or death of a loved one. If we represent you, there is nothing to pay up front or throughout the legal process. We accept injury claims on contingency, which means we only get paid if we win your case.

PKSD. Dedicated to Helping the Injured. 414-333-3333

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