When you hear about nursing home lawsuits, you probably think about the neglect or abuse of patients. In general, these are the most common cases that nursing home lawyers see. If you suffered an injury while visiting a nursing home, you may be wondering if you qualify to file a claim against the home. After all, you aren’t a patient in the facility. Here is what you need to ask yourself before you file the lawsuit.
Did You Suffer an Injury?
As with all personal injury lawsuits, you had to suffer an injury and there must be damages. For instance, if you slipped but didn’t harm yourself, you cannot file a lawsuit just because the home was negligent. There has to be a monetary value to your injuries. If you fell and injured your spine or fractured your hip, then you may be able to receive compensation for your injuries. If you have medical bills, suffered from lost wages or any other loss, this is grounds to file a lawsuit. You cannot simply file based on negligence or risk.
Was the Nursing Home At-Fault?
When you file a lawsuit, you have to prove that the nursing home is responsible for your injuries. If you cannot prove negligence, then you may not have a case. Nursing homes have a responsibility to anyone who visits the facility. Since they expect visitors on site, it has to be reasonably safe for all guests. This means that there cannot be obstacles where a reasonable person may trip, they cannot ignore spills on the ground or any other dangers in the building. For instance, if you slip and fall on the steps because the facility did not put the deicer down, then you may have a negligence case.
Now, the cases where the nursing home may not be at fault are the cases where the plaintiff wandered into an area that he or she was not supposed to. For instance, if you slip and fall in an area that was closed off to guests and you knew that you were not allowed in that area, then you may not be able to file the lawsuit.
If you were injured at the nursing home because of negligence on behalf of the facility, then it is likely that you do have a case against the home. Set up a consultation with a nursing home abuse lawyer, like the attorneys at Davis & Brusca, LLC, as soon as possible to find out if you have a claim.