Finding out who is legally to blame for any accident can be complicated, but if a fall happens in a nursing home, figuring out who might be responsible can be a difficult task because many different people and/or entities could be responsible for your safety at these types of facilities.
Most often, the responsible party will be the nursing home itself. But this isn’t always the case. For example, a nursing home might be leasing its building from a commercial landlord and that lease might make the landlord responsible for certain areas or conditions of the property. Or, a nursing home might use a third-party contractor, like a maintenance company. And their contract might make the maintenance company responsible if their work there leads to a fall. It’s also possible for a public entity to be responsible. This could be because the public entity runs the nursing home. Or, it could be because the public entity is responsible for a portion of the nursing home, like the parking lot.
Your attorney may need to consider and investigate the exact “status” of whoever is responsible for your fall. By “status,” I mean what they are officially considered to be: A hospital? A non-profit? A corporation? This is because sometimes, nursing homes will look to avoid responsibility by claiming they should be classified as something other than a nursing home.
If you file a personal injury lawsuit, you and your attorney will need to prove that whoever you are accusing was at fault for your accident. Generally, a person or entity is responsible when:
- You were lawfully on the property.
- You were injured by a dangerous condition on the property.
- They had notice of the dangerous condition.
- They failed to address the dangerous condition.
When it comes to a slip and fall accident, the fate of your claim directly affects the well-being of you and your loved ones. To give yourself the best chance at recovering the compensation you are justly owed, hire the attorneys at Rosenblum Law. We have spent decades aggressively advocating for our injured clients, and our work has produced winning results.
Read More: https://rosenblumlaw.com/personal-injury/nj/slip-and-fall-accidents/