The Legal Herald
Residents of independent and assisted living facilities have a right to be safe and secure in their homes and on the grounds of the property where they are living.
By law, property owners and managers have a duty to protect residents from any injuries or foreseeable harm. This duty is paramount when overseeing the care of elderly or disabled residents who may not be able to protect themselves, particularly in the event of a fire or emergency. Assisted living facility owners and managers must consider resident mobility in their fire safety and emergency evacuation plans. Should a property owner fail in this critical responsibility, they may be held civilly liable for any injuries or deaths which occur as a consequence.
The National Fire Protection Association (NFPA) urges residents and their families to consider fire safety in their selection and oversight of an assisted living facility:
- Is the building well maintained? Make sure that paper and other storage items do not block doors or hallways needed for escape.
- Check to make sure there is an evacuation plan in place that involves all staff and is practiced regularly.
- Are there safety systems in place such as alternative exits, smoke detectors, and sprinklers?
- Check on the staff-to-patient ratio. How many staff per resident during the day and especially at night or on weekends and holidays? Is supervisory staff available to carryout an escape plan if there is a fire?
- Are there guidelines for people who smoke such as a separate room or staff supervision?
- Does nursing home management take your questions regarding safety seriously and are they forthcoming with information?
We’ve Recovered Millions for Victims of Property Safety and Security Negligence…Contact us Now for a Free Consultation.
The Murray Law Firm has an extensive and successful record representing victims of violence and security negligence. We have recovered millions of dollars for our Clients, and we recently obtained a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.
We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.
Choosing the Right Attorney
Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.
Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!
You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:
A LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.
– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.
If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.”