Duty of Care<\/strong><\/p>\n To determine the duty of care, Washington law, like the law in most other states, divides victims into three categories, depending on their relationship with the property owner.<\/p>\n Nursing home residents are invitees. They have permission to be at the nursing home, and they benefit the owner financially. Most nursing home guests are invitees as well. They have permission to be at the facility, and visits lift the spirits of nursing home residents, thus benefiting the owner.<\/p>\n These cases are slightly confusing if the categories overlap. Construction zone falls are a good example. Most residents have free range of the facility, but construction zones are off-limits. So, they\u2019re normally invitees, but at some point, they become trespassers.<\/p>\n The classification often hinges on the wording of a warning sign and whether or not the victim could see the sign. Many older adults have poor vision.<\/p>\n Knowledge of Hazard<\/strong><\/p>\n To prove liability (fault), an injured person must prove \u00a0that the property owner had actual or constructive knowledge of the hazardous condition. \u00a0Direct evidence of actual knowledge typically includes safety surveys and cleaning reports. \u00a0If direct evidence is unavailable, circumstantial evidence of constructive knowledge (should have known) might be sufficient. The longer an injury hazard existed, the more likely it is that the owner knew about it, and should have done something about it.<\/p>\n Work With a Savvy King County Lawyer<\/strong><\/p>\n Nursing home owners are responsible for nursing home safety. For a free consultation with an experienced personal injury lawyer in Seattle, contact Emerald Law Group. We do not charge upfront legal fees in these cases.<\/p>\n Source:<\/p>\n nfsi.org\/nfsi-research\/quick-facts\/<\/p>\n\t\t\t Falls, and their serious injuries, are very common in nursing homes. Over 60 percent of long-term care residents fall at least once. Most nursing home residents are physically frail. That\u2019s why they\u2019re in nursing homes. Some physical frailties include arthritis and mobility issues that contribute to the severity of, or risk of, a fall…. Read More »<\/a><\/p>","protected":false},"author":5,"featured_media":2807,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[80],"tags":[],"class_list":["post-2806","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-premises-liability"],"_links":{"self":[{"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/posts\/2806","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/comments?post=2806"}],"version-history":[{"count":0,"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/posts\/2806\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/media\/2807"}],"wp:attachment":[{"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/media?parent=2806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/categories?post=2806"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.emeraldlawgroup.com\/es\/wp-json\/wp\/v2\/tags?post=2806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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