Falls are one of the most common—and preventable—causes of injury among elderly residents in California’s nursing homes and assisted living facilities. While aging naturally increases fall risk, many incidents stem from neglect, including understaffing, poor supervision, and failure to follow safety protocols. Under California law, long-term care facilities have a legal duty to protect residents from foreseeable harm. When they fail to meet this standard, families may have grounds for legal action. This article explores how California handles fall-related injuries in care facilities and when neglect becomes a basis for liability.
Why Falls Are So Dangerous for Seniors
Falls are the leading cause of injury-related death among adults aged 65 and older. In nursing homes and assisted living facilities, the risks are even higher due to:
- Mobility limitations
- Medication side effects (e.g., dizziness, drowsiness)
- Cognitive impairments such as dementia
- Environmental hazards like wet floors or poor lighting
- Lack of supervision or assistance
Common injuries include hip fractures, head trauma, internal bleeding, and long-term disability. Even minor falls can lead to fear, depression, and loss of independence.
Legal Duty of Care in California Facilities
Under California Health & Safety Code § 1569.269 and California Civil Code § 1714, nursing homes and assisted living facilities must:
- Provide a safe environment
- Assess each resident’s fall risk
- Implement individualized care plans
- Maintain adequate staffing levels
- Respond promptly to call lights and requests for assistance
- Use appropriate safety equipment (e.g., grab bars, bed alarms)
Failure to meet these obligations may constitute negligence, making the facility liable for injuries.
Signs That Neglect May Be to Blame
Not every fall is caused by neglect—but many are. Warning signs include:
- Repeated falls without changes to the care plan
- Delayed response to call lights or alarms
- Lack of supervision for high-risk residents
- Missing or broken safety equipment
- Understaffing during peak hours
- Failure to document or report the incident
If a facility fails to assess fall risk, implement prevention strategies, or respond appropriately, it may be held accountable.
Example: Failure to Assist with Toileting
A common scenario involves residents who fall while trying to use the bathroom unassisted. If staff ignore call lights or fail to provide timely help, the facility may be liable—especially if the care plan required assistance.
California’s Elder Abuse and Neglect Laws
California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code § 15600 et seq.) provides additional protections. If a fall results from:
- Neglect (failure to provide basic care)
- Physical abuse (rough handling or restraint)
- Abandonment (leaving a resident unattended)
Families may pursue enhanced damages, including pain and suffering and attorney’s fees.
Liability in Assisted Living vs. Nursing Homes
While both types of facilities owe a duty of care, assisted living facilities often have fewer medical staff and may rely on service plans rather than formal care plans. However, they are still required to:
- Monitor residents
- Maintain safe premises
- Provide assistance with daily activities
If an assisted living facility fails to supervise or respond to a resident’s needs, it may be liable for fall-related injuries.
Real-Life Example
A 78-year-old woman with dementia fell in a Los Angeles assisted living facility after attempting to walk to the bathroom alone. Her care plan required two-person assistance, but staff failed to respond to her call light. She suffered a fractured hip and required surgery. Her family filed a lawsuit alleging neglect and understaffing. The case settled for $650,000, covering medical costs, pain and suffering, and future care needs.
What Families Should Do After a Fall
If your loved one falls in a California care facility:
- Seek immediate medical attention
- Request the incident report from the facility
- Document injuries and the scene with photos
- Ask about changes to the care plan
- Report suspected neglect to the California Department of Public Health or Adult Protective Services
- Consult a California elder abuse attorney to evaluate your legal options
Prompt action helps preserve evidence and protect your loved one’s rights.
Facility Defenses and How to Respond
Facilities may argue:
- The fall was unavoidable due to the resident’s condition
- The resident refused assistance
- Restraints are prohibited under California law
However, there are non-restrictive alternatives such as:
- Bed alarms
- Perimeter mattresses
- Activity trays for wheelchairs
- Increased supervision
An experienced attorney can challenge these defenses and uncover evidence of neglect.
Final Thoughts
Falls in California nursing homes and assisted living facilities are often preventable. When they result from neglect—such as inadequate staffing, ignored call lights, or failure to follow care plans—families have the right to seek justice. By understanding the law, documenting the incident, and working with a skilled San Diego slip and fall accident attorney, you can hold negligent facilities accountable and protect your loved one’s dignity and safety.
References
- California Civil Code § 1714. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1714
- California Health & Safety Code § 1569.269. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1569.269
- California Welfare & Institutions Code § 15600 et seq. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=9.&title=&part=3.&chapter=11.&article=
- Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001)
- Gharibian Law – Nursing Home Falls in California
- Needham Kepner & Fish LLP – Falls in Nursing Homes and Assisted Living Facilities