Can You Be Liable for Crimes Committed by Third Persons? The Basics of Negligent Security

If you are the victim of a crime that occurred on a residential or commercial property but the criminal has never been captured, can you try to obtain compensation for your injuries from other parties? Read our blog to find out.

Unsuspecting of the fact that he’s being watched, a customer is packing his shopping bags into his car after just having made several expensive purchases. Because most of the spots in the shopping mall’s parking lot were occupied earlier that day, he was forced to park his car in an unilluminated area unmonitored by either security staff or cameras. He has heard rumors of people being mugged in this parking lot before, so he tries to pack up and leave as soon as possible. 

He doesn’t hear the footsteps behind him. A sharp blow to the head, followed by brief but excruciating pain, is the last of what he remembers before waking up in the hospital. He’s diagnosed with a mild traumatic brain injury and has also suffered the loss of his car, his wallet, and his expensive purchases as a result of this foreseeable assault. 

If you have suffered injuries and financial losses under similar circumstances, can a business be held responsible for the crime that happened on its premises? In many cases, the answer to this question will be affirmative. The result of your claim, however, will depend on whether you and your lawyer can prove that the property owner was guilty of inadequate or negligent security. In this article, we explore what “negligent security” entails and why it can be a basis for compensation claims arising from injuries and losses that occurred as a result of a crime.

What is Negligent Security?

Negligent security operates on the same basic principle that guides other premises liability factors. Premises liability means that the owner of a property may be liable for an accident that occurred on the property and the resulting injuries if the mishap happened as a result of the owner’s negligence. 

Negligence may include different situations ranging from simple maintenance issues–a slippery floor or an uneven sidewalk–to serious offenses like fire safety and building code violations. Still, the common elements of all premises liability cases are (a) the duty of care that the property owner owes to the property users, (b) negligent actions of the owner that constitute a breach of this duty, and (c) injuries that have occurred as a result of such negligence.

Claims arising from negligent security must always meet the three criteria described above. However, certain cases can also be seen as special instances of premises liability. When an accident happens because of negligent security, it means that the victim suffered an injury as a result of a crime rather than a random mishap. Therefore, at first glance, it may seem counterintuitive that the owner of the property where the crime happened should be held liable for the injuries. After all, it is the criminal who inflicted the injury rather than the owner. 

To better understand why a crime victim may file a compensation claim against a property owner, it is important to recognize the difference between criminal and civil liability. The criminal, if caught, may be charged in criminal court for criminal actions; the property owner, of course, can’t be sued for a crime he or she didn’t commit. Still, just as property owners have a duty to ensure that their buildings have no dangerous defects or maintenance issues that may lead to accidents, so too they are obliged to take steps protecting the users of the premises from crime risk. If a crime does happen, they may be sued civilly for resulting injuries and losses.

Examples of Negligent or Inadequate Security

Almost all commercial and residential property owners put some measures in place to prevent crime. Therefore, what exactly constitutes negligent security will vary from case to case. Still, some examples of negligent or inadequate security may include:

• Lack of security cameras
• Failure to install and properly maintain alarms
• Faulty or lacking locks on hotel or apartment doors
• Failure to establish security procedures or failure to enforce them
• Lack of security personnel or an insufficient number of security people
• Insufficient lighting in areas that experience a heightened risk of crimes such as parking lots, parking garages, or similar

Negligent security claims may arise following a crime that happened in a variety of settings and circumstances. Tenants may file a claim against their landlords; customers may seek redress from a property owner or manager following a crime that happened in a mall; concert-goers may try to sue the organizer of a musical event at which they suffered assault, and so on.

How to Prove Negligent Security

All negligent security claims are based on two important concepts. The first is the breach of the property owner’s duty of care to provide adequate security measures to protect property users from crimes. The second crucial concept refers to the foreseeability of the crime which caused the injuries or other losses. For your negligent security claim to prevail, you must prove that the crime in question was foreseeable. This means that similar prior criminal activity has been discovered–or should reasonably have been discovered–by the property owner in the same area or on the same property. 

For example, if some people have been mugged in the parking lot of the property before, the crime may be considered to have been foreseeable. If the owner or manager fails to step up security on the premises, the victim of yet another mugging may file a negligent security claim. On the other hand, the victim of a different sort of crime that has never been reported on the same premises before–for example, battery, assault, or rape–may find it more challenging to prove that the crime was, in fact, foreseeable.

Of course, the theoretical scenarios illustrated in this article are just a few examples of negligent security that may give rise to premises liability claims. A victim of a crime that happened on a residential or commercial property would always do well to consult a personal injury attorney experienced in handling negligent security cases. The attorney may use knowledge of previous cases to help you obtain compensation even if you are unaware of any obvious instances of negligence on the part of the property owner.

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Contractor’s Injuries – Can a Homeowner Be Liable?

If a construction worker employed by a licensed business sustains injuries while working on a home renovation or remodeling project, his or her losses will be covered under workers’ compensation insurance. However, what happens if a homeowner directly hires an independent contractor who subsequently gets injured on the property? Read our blog to find out.

When it comes to workers’ safety, the construction industry remains one of the most dangerous commercial enterprises in the US. In 2018, more than 20 percent of fatal on-the-job accidents in the private sector happened in construction. That year, 1,008 construction workers – an average of almost 3 individuals a day – died as a result of a fall, electrocution, or other causes.

Importantly, most accidents within the construction industry concern people working in small businesses and establishments. For example, in 2016 alone, 67.2 percent of fatalities in the construction industry occurred in establishments with 1-19 employees. Also, the overall fatality rate for such establishments was significantly higher than those with 20 or more employees.

Smaller companies of this size are often less likely to establish an employer-employee relationship with all employees, working with them on a sub-contractor basis instead. This is significant because while an employer must carry workers’ compensation coverage for their employees, independent contractors are usually not covered under this kind of insurance. As a result, if contractors suffer injuries in an accident on the job, their chances of obtaining full compensation for the losses are slim unless they hold their own insurance with comprehensive coverage.

As a result, some construction workers who have been injured while offering house renovation or remodeling services on a privately-owned property may at times try to file a claim alleging the homeowner’s liability for their injuries. In this article, we will explore circumstances in which a homeowner may indeed be liable for a contractor’s injuries – and what action homeowners can take to ensure the safety of workers and protect themselves from liability.

A Homeowner’s Liability Due to Premises Liability

If a homeowner employs an independent contractor who is not covered by workers’ compensation to work on his or her house, he or she may be liable for certain injuries sustained by the contractor on the property. When filing a claim, the injured contractor may quote premises liability on the part of the homeowner and argue that certain dangerous, pre-existing conditions on the property caused the accident and injury or contributed to them.

Premises liability is a legal principle establishing every property owner’s duty of care towards individuals who visit the property for business or personal reasons. This duty of care requires the owner to make reasonable efforts to ensure safe conditions on the property. This may include removing any dangers of which the owner is either aware or should reasonably be aware. It also entails taking a proactive approach and introducing appropriate safety measures.

For example, let’s assume that a homeowner hires a worker to do some repairs on the back of the house near the swimming pool. If the homeowner fails to maintain safe conditions around the pool – for example, ensuring that the floor is dry and not slippery – and the contractor slips, falls, and is injured, the owner may be liable for the resulting injury.

A Homeowner’s Liability Due to Exercised Control

While premises liability is a well-defined legal principle, the concept of exercising control may be more open to interpretation.

If an independent contractor sustains injuries in the course of work commissioned by a homeowner, he or she may also file a claim against the homeowner arguing that the homeowner exercised control over the project. Exercising control may include oversight over workers as well as providing instructions. 

While some may argue that commissioning the work is tantamount to giving instructions in and of itself, a homeowner will usually have to do more than that to face the risk of liability in case of an accident. However, if the property owner actively instructs contractors on how the work should be performed and gives advice regarding safety and injury protection, this may be construed as taking responsibility for the contractors’ safety.

Therefore, to avoid liability, a homeowner should refrain from offering unsolicited comments that do not relate to the actual scope and subject of work commissioned. In most circumstances, it is usually best to let the workers do their jobs after details such as the scope of work, overall plans, and pay rate have been agreed upon.

A Homeowner’s Liability and Home Insurance

If an injured contractor is able to file a valid compensation claim against the homeowner, he or she may be able to cover the injured party’s expenses from his or her home insurance. Most standard home insurance policies include liability coverage for injuries of third persons that happen due to certain unsafe conditions on the property.

Usually, liability coverage protects the homeowner against claims related to slip-and-fall accidents or similar mishaps that may happen to the homeowner’s guests. Nevertheless, under certain circumstances, such provisions may be also applied in the case of injuries sustained by an independent contractor.

However, insurance policies may vary and some may include wording that explicitly excludes claims made by a construction worker injured on a homeowner’s property in the course of a construction job commissioned by the owner. Therefore, it is important to thoroughly review one’s home insurance policy before hiring an independent contractor who may not be covered by workers’ compensation. In addition, property owners who have been sued by an injured contractor may wish to consult a personal injury attorney to obtain trustworthy information on legal remedies available to them.

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Why You Should Injury-Proof Your Business — And How to Do So

Read this blog to learn what a business owner can do to protect customers from harm on his or her property – while at the same time staying free from liability if an unfortunate accident does happen.

Slip-and-falls, injuries caused by a falling object, or elevator malfunction incidents are just a few examples of mishaps that can happen to a person in a commercial establishment. Every year, shopping malls, retail stores, hotels, and other businesses in the US are targeted by thousands of lawsuits in which victims of such accidents seek damages for their injuries from their owners or managers.

In some cases, these lawsuits end in costly settlements, entailing considerable monetary losses to the company. At other times, a jury may give a verdict favorable to the plaintiff, ordering a business deemed at fault to pay a compensation amount so high that it effectively ends in the business’ bankruptcy. 

Customers and patrons injured on a commercially owned property are indeed in a position to file compensation claims against the owners or managers of the establishment. According to premises liability laws, property owners have a duty to ensure safe conditions on their properties and make reasonable efforts to prevent accidents. Failure to do so may count as negligence, give rise to liability, and become the basis for a valid legal claim or lawsuit in case of an injury.

It is evident, then, that business owners have both the moral and legal responsibility to ensure the safety of those who visit their establishments. Negligence in this regard can damage a business’s reputation – as well as their bottom line. In this article, we will take a closer look at simple measures business owners can take to limit the risk of accidents in their establishments and injury-proof their businesses.

Preventing Slip-and-Fall Injuries

Slip-and-fall injuries are one of the most common reasons for premises liability claims and lawsuits. In the US, falls are reported to be the leading cause of unintentional injuries. Statistics show that each year, more than 800,000 people are hospitalized due to fall injuries. Many slip-and-fall accidents no doubt happen on the premises of commercial establishments – both within and outside of the actual property. Therefore, providing adequate accident protection in business should first and foremost take into consideration slip-and-fall risks.

Of course, avoiding slip-and-fall accidents entirely may be impossible; that doesn’t mean that a business owner will be liable for any and all mishaps that may happen on his or her commercial property. Still, state and national laws impose on owners certain reasonable standards of protection. Following these standards may include procedures of proper evaluation of risks as prevention methods.

Here are some examples of the most common actions a commercial property owner should take to prevent slip-and-fall accidents:

• Regularly inspect carpets for tears that may cause slip-and-falls
• Require maintenance workers to clearly mark wet floors with appropriate signs
• Maintain tiled corridors as well as pavement on and around the property in good condition; regularly check for any structural damage such as cracks or uneven surfaces that can lead to accidents
• In the winter, make sure to maintain sidewalks on your property so they remain clean and free of snow and ice; in the fall, you may check to make sure that slippery leaves don’t pose a threat

Inspect for Other Dangerous Conditions

While slip-and-falls may be one of the most common kinds of accidents that can lead to premises liability claims, they are certainly not the only ones. Business owners need to make sure to prevent other kinds of dangerous conditions that may result in a wide variety of different mishaps and entail liability. 

Here are a few examples of actions owners can take to prevent other incidents:

• Inspect and maintain the inner structure of the building in accordance with the building code and other regulations to guard against structural damage.
• Arrange for the inspection of the facade of your establishment and keep it in good condition. Prevent any debris from falling and injuring passersby and pedestrians.
• Maintain sidewalks on your property free from debris.
• Enforce strict rules of conduct and duties for your employees. For example, if you keep large quantities of products and merchandise on tall shelves, make sure you have a system in place to keep items from falling from a shelf and injuring a customer.

Business Owner Liability for the Actions of Third Parties

Some business owners may be unaware that in addition to being liable for accidents caused by dangerous conditions, they may also be found liable for the actions of third parties. For example, as employers, business owners may be targeted in lawsuits for accidents and injuries caused by their employees – as long as the accident happened while the employee was hurt while engaging in actions within his or her scope of work.

Business owners may even be liable for injuries that occurred as a result of a crime that happened on the property they own. The victim of a crime may argue that the owner was negligent in providing adequate security measures that could have prevented the crime. However, for the victim to successfully prove a negligent security claim, the crime must be considered foreseeable. In practical terms, this means that such a crime or a similar one has already happened before on the premises or in the area where the business is located.

Obtain General Liability Insurance

At times, business owners may fail to remove a danger on their property that they should have been aware of; accidents and injuries may occur despite earnest efforts to avoid them. Therefore, the owner of any business with regular customer traffic on its premises will do well to obtain general liability insurance. Then, when an accident happens and an injured person files a lawsuit against the business, compensation for the victim will be covered by the insurance, preventing the business from losing money.

Protecting both employees and customers from any dangerous condition that may cause injuries is no doubt an important obligation that all business owners must take seriously. Failure to be diligent in this regard may result in unnecessary mishaps, lawsuits, and great financial losses to the company. Therefore, each business should take reasonable steps to prevent accidents – and have a solid contingency plan if they inadvertently become liable for a mishap on their property.

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What to Do If You Become Injured at a Hotel

Hotel owners have a legal duty to protect guests from preventable accidents. Read this article to learn which circumstances enable a hotel guest injured on the premises of a recreational establishment may seek financial compensation from its owner.

Getting injured during a vacation stay at a hotel or resort isn’t anybody’s idea of a good vacation. Yet, from simple slip-and-falls to serious mishaps with dire consequences, vacation accidents are relatively commonplace – both abroad and across the US. Of course, some accidents may happen due to a vacationer’s carelessness; at other times, an injury may simply be the result of unexpected and unforeseeable consequences.

However, accidents at a hotel may sometimes happen due to dangerous circumstances created by the negligence of its management and staff. When that happens, hotel owners may be deemed responsible for the injuries and held financially liable for the injured person’s resulting losses.

In this article, we explore the issue of hotel liability for the injuries of hotel guests. First, we will present a short overview of related laws and then we will provide examples of specific circumstances in which a person injured at a hotel may file a compensation claim against its owner.

When a Hotel Owner Can Be Held Liable for Guests’ Injuries

As is the case with other businesses, hotel owners have a legal responsibility to ensure the safety of their customers – the hotel guests – by maintaining safe conditions on the property. Under premises liability law, a business owner has a duty to protect the customers from unnecessary and foreseeable dangers on the business property.

Failure to take the necessary steps to do so may constitute negligence. In the event of an accident resulting in an injury, negligence may become the basis of a valid legal claim. The injured person may rightfully expect the negligent hotel owner to pay for the financial losses the injured party suffered as a result of the injury. The expected compensation may be to cover medical bills, rehabilitation costs, lost wages, and more.

Typical Hotel Accidents and Injuries

As mentioned above, not all accidents that happen to hotel guests at the premises of a recreational establishment will merit legal action. Some may just be unfortunate yet unforeseeable mishaps that happen despite all the precautions taken by the owners. 

 

Yet, the following kinds of accidents often happen due to the hotel owner’s negligence and may merit a personal injury claim for compensation:

• Slip-and-fall accidents
• Accidents caused by negligent security
• Drownings and other swimming pool accidents
• Accidents caused by worn-out and broken furniture
• Injuries and illnesses caused by bed bugs
• Food-borne illnesses

The Hotel Owner’s Liability for Employees’ Actions

In addition, a hotel owner may also be held liable for the negligent actions of his or her employees. In legal jargon, this principle is called vicarious liability. If an employee causes an accident in which a third party gets injured, the victim may file a claim against the employer rather than the employee themselves. However, such a claim will only be valid if the accident happened while the employee was engaging in activities that can rightfully be deemed within the scope of the employee’s work. 

For example, if a hotel employee caused a car accident while running an errand for the hotel, the injured driver of the other car may be able to file a compensation claim against the hotel owner. The employee may be able to obtain compensation from the owner even if the employee was driving his or her own car at the time of the accident – as long as the employee was engaging in activities within the scope of their work duties.

Steps to Take If You Are Injured at a Hotel

If you or your family members become injured at a hotel as a result of one of the circumstances mentioned above, you may need to take some action right at the scene of the accident to ensure the successful resolution of your potential claim. As mentioned, a compensation claim may be filed if an accident occurred as a result of the hotel owner’s negligence. Therefore, as long as it is possible, the victim should take steps to document the circumstances that caused or contributed to the injury.

For example, if you tripped, fell, and broke a bone while walking down the stairs due to an uneven step or unstable handrails, you may ask a friend or a family member to take pictures of the hazardous defect. In general, the more evidence of the hotel management’s negligence you may gather, the higher your chances of obtaining compensation. Evidence may include statements from other guests as well as any communications you may have had with the hotel’s staff about a possible danger that in the end caused an injury.

In any case, hotel guests should remember that when it comes to preventing accidents and injuries, hotel owners are held to a higher standard than owners of many other kinds of business. This is because hotel guests enjoy the status of an invitee which under premises liability law is legally entitled to a high amount of protection.

Therefore, it may be advisable for a victim of an accident at a hotel to consult with an experienced premises liability attorney and ask about compensation options – even if the circumstances of the accident were different from the example scenarios mentioned in this article.

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Bicycle Safety Reminders

Bicycles are a great source of enjoyment and an environmentally friendly alternative to cars. Read this blog to discover simple ways to increase your safety during your regular bike commute or recreational ride.

Bicycle commuting is on the rise. According to a report by the League of American Bicyclists, from 2000 to 2016, the number of people who commute by bike increased nationwide by 51 percent. In 2016, the last year for which complete data is available, there were 863,979 bike commuters in the US. Additionally, millions more cycle regularly for recreational purposes – around 12.4 percent of Americans cycled on a regular basis.

Whether you cycle to work, use a bike for exercise, or simply enjoy an occasional ride along a scenic route, the appeal of riding a bicycle is self-evident. It promotes health, helps to both decrease and avoid traffic congestion, and is good for the environment. Like many other aerobic exercises, cycling is also conducive to better mental health. This is one reason why the League of American Bicyclists encourages to include biking as often as possible in one’s weekly routines to help combat pandemic-related stress and anxiety.

Since cycling is rising in the largest urban areas in both Kentucky and Tennessee, we would like to take this opportunity to review some of the most important safety reminders for cyclists. This article will help you and your family take full advantage of the many benefits of biking while staying out of harm’s way.

How Dangerous Can Biking Be?

Despite its benefits, biking in urban areas also entails some inherent risks. The National Highway Traffic Safety Administration (NHTSA) has reported that in 2018, there were as many as 857 bicyclists killed in traffic crashes in the United States. What’s more, the NHTSA informs that from 2008 to 2017, the average age of cyclists killed in motor vehicle crashes has increased from 41 to 47. Clearly, then, although cycling is healthy and green, it may not always be safe. 

Unfortunately, other reports show that both Tennessee and Kentucky score low on being friendly to cyclists or overall cycling safety. In the yearly Bicycle Friendly State ranking published by the League of American Bicyclists, Kentucky ranked 43 in 2019. Even though Tennessee was rated higher (25th place) in the bike-friendliness ranking, it scored poorly when it comes to overall safety – with 22 fatalities per 10 thousand bike commuters, only 8 states merited a lower safety score.

What You Can Do

Of course, certain risks associated with cycling – and especially bike commuting in densely populated urban areas with high traffic – cannot be completely eliminated. Still, a conscious, well-informed cyclist can do much to minimize such risks. You can also take action to help reduce the severity and scope of injuries if an accident should happen.

One of the easiest ways to increase personal safety while cycling is wearing a helmet. Yet, it’s also one of the most often violated safety tips – perhaps because doing so isn’t universally required by state law. 

In Tennessee, bicycle operators are required by law to wear a helmet only if they are under 16 years of age. Likewise, in Kentucky, there isn’t a universal law requiring cyclists to wear a helmet, although certain relevant restrictions are imposed by local or municipal governments. For example, in Louisville, all cyclists under 18 are obliged to wear a helmet if riding in any Metro Park.

Still, there is outstanding evidence that wearing a helmet is a vital safety measure that should be employed whether or not it is demanded by laws. For example, by comparing the results of more than 40 separate studies, a team of researchers established that bicycle helmet use can reduce the risks of a serious head injury by nearly 70 percent and a fatal head injury by 65 percent. The researchers also concluded that helmets can help prevent face injury.

While fundamental, wearing a helmet is only one safety suggestion that regular cyclists may employ to reduce the risk. Here are a few others:

1. Keep your bicycle well-maintained; regularly check tire pressure, breaks, and lights
2. Use lights when cycling before the sunset or after dusk for better visibility on the road
3. Use hand signals to communicate the intention to change direction
4. Wear high-visibility clothes
5. Go in the direction of the traffic, stay in the right lane, and avoid lane splitting

Cyclists should also remember that state laws may pose specific requirements regarding the use of bicycle lights. In Tennessee, bicycles are required to have a front white light visible from 500 feet and either a red reflector or a lamp emitting a red light visible from a distance of at least 500 feet. Similar laws apply in Kentucky.

Still, despite all the safety precautions, a cyclist may get into an accident due to carelessness or distraction on the part of other road users, most notably car drivers. When that happens and the cyclist sustains injuries, a personal injury attorney may suggest appropriate legal remedies to be taken by the injured party with the view of obtaining financial compensation for the resulting financial losses.

 

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Coronavirus Series: Life in the Time of Social Distancing–How to Stay Happy, Healthy, and Productive

In this final article of our 4-part coronavirus coverage series, we provide a concise summary of expert advice that will help you and your family take care of your mental and emotional well-being while still taking the common precautionary measures against contracting the novel coronavirus of 2019 and 2020.

The lockdowns may have ended, but the pandemic is far from over. As the COVID-19 breakout rages on in the US (at the time of writing this article), more than 2,085,000 people across the country have contracted the novel coronavirus. Even as many states are rolling back their initial stay-at-home orders other preventive measures, the disease shows no signs of diminishing. Just in the past few weeks, the number of cases has increased in at least 23 states–including some of those where restrictions on travel, businesses, and social gatherings recently have been largely lifted.

Both Kentucky and Tennessee authorities have decided to reopen social and business activities to a certain extent. In Kentucky, groups of 10 or fewer may gather for non-essential purposes since May 22nd. The same day, a state-wide travel ban was lifted and some businesses opened at limited capacity. Fitness centers and movie theaters reopened on June 1st. Since June 10th, ​churches, synagogues, mosques, and other houses of worship can resume activities at 50 percent of their pre-pandemic capacities. In Tennessee, similar measures began to be taken as early as the start of May. 

Of course, after weeks of confinement and sheltering in place, many of us have welcomed this return to normality, relative and partial though it may be. Still, the statistics mentioned above leave no room for doubt–the danger is still there. In addition, the risk of a second wave of coronavirus is more present than ever. That’s why some members of our community–especially the most vulnerable ones including the elderly and those with pre-existing conditions–may still prefer to stay at home and keep social distancing as much as possible. 

In this blog, the last in our coronavirus coverage series, we present a few helpful ideas that may help you and your family members stay happy, healthy, and productive while taking precautionary measures.

Watch Your News Intake

Staying well-informed is crucial, especially during a global pandemic of a novel virus that still has yet to be fully investigated by scientists and the medical community. As our understanding of the disease grows, medical and state guidelines related to issues such as social distancing, the use of face masks, or similar ones may change from time to time. Therefore, it may be beneficial to regularly check the current guidance from trustworthy sources like your local health authorities, the CDC, or even international bodies like the World Health Organization.

On the other hand, ingesting too much news, or news from sources of dubious reputations, may be counterproductive or even dangerous. In one survey, more than 50 percent of Americans admitted that news caused them stress. Many others who participated in the survey reported that news consumption made them experience anxiety, fatigue, or sleep loss. There is good evidence, then, to presume that too much news during a time as stressful as a global pandemic may be detrimental to one’s mental well-being. If you feel affected in similar ways by your news intake, it may be beneficial to limit yourself to the necessary minimum.

Stay Connected to Your Loved Ones

In quite a literal way, loneliness is dangerous. It can result in a higher risk of experiencing detrimental health conditions including high blood pressure, heart disease, obesity, and a weakened immune system–all of which you’d like to avoid at all cost during this pandemic. In order to keep these additional health risks at bay, then, make an effort to keep in touch with people closest to you, like your family or close friends.

For those who still need to shelter in place and keep social distancing as much as possible–either for themselves or because a close family member is in a high-risk group–the only viable means of maintaining such connection may be electronic. While social media can help, though, it is important to recognize that unchecked use of our favorite apps may at the same time pose a threat to our well-being.

For example, according to Forbes magazine, “Social media remains filled with misinformation about the highly infectious coronavirus despite the best efforts to curtail it.” A recent study showed that 1 in 4 YouTube videos about the pandemic contained false or inaccurate information. 

Keep these statistics in mind. It may be prudent to stay mindful of your social media use and double-check the information that you come across while trying to stay connected to your loved ones.

Be Proactive in Your Fight Against the Pandemic

Although reducing the risk of contracting the disease to zero percent is practically impossible, there is still much you can do to lower the personal risk to yourself. Doing so doesn’t even require any radical measures. 

Rather, much can be achieved by remembering simple everyday actions that any of us can take. For example, here are some practical suggestions:

• Review and abide by the latest guidance from health authorities–such as these updated guidelines for reducing Covid-19 risk amid eased restrictions from the Centers for Disease Control and Prevention
• Wash your hands frequently and for at least 20 seconds
• Use hand sanitizer in public spaces where it is impossible to wash your hands
• Avoiding touching your face–especially your nose, mouth, and eyes
• Keep a distance of at least 6 feet from other people in public places
• Stay healthy–get enough sleep, exercise, and eat well

As personal injury lawyers, we care deeply for the safety and well-being of the members of our community. At the same time, we do our utmost to ensure that the legal needs of our current and potential clients are met despite the challenges posed by this pandemic. If you’d like to read more helpful content and learn how the COVID-19 outbreak in your area may affect your personal injury claim, please refer to our previous articles on the subject:

• Coronavirus Series: How Will the Pandemic Affect My Claim? – Part I
• Coronavirus Series: How Will the Pandemic Affect My Claim? – Part II
• Coronavirus Series: Nursing Home Negligence Claims Related to COVID-19

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Coronavirus Series: Nursing Home Negligence Claims Related to COVID-19

Nursing home residents have been disproportionately affected by the coronavirus pandemic. What can you do if you suspect that your elderly loved one might have been exposed to COVID-19 due to the negligent actions of a long-term care facility? Read our blog to find out.

Despite the heroic efforts of our healthcare workers, the COVID-19 pandemic has reached tragic proportions in many states. According to The New York Times, more than 1,953,000 people in the United States have been infected with the coronavirus and at least 110,400 have died (as of when this article was written). Once again, our hearts go out to all members of our community who have lost loved ones or who have been personally affected by the outbreak in other ways. 

As personal injury lawyers, we have devoted our professional lives to protecting the rights of those who have found themselves in the position of physical, emotional, and financial vulnerability due to the negligent actions of others. That is why it is especially saddening to us to see that the virus we’re trying to fend off is especially dangerous to the most vulnerable members of our community–our elderly loved ones and individuals with preexisting conditions.

In this article, we will take a closer look at how the current pandemic has affected nursing homes, their staff, and their residents. We will also explore the legal options that may be available to you if your loved one might have been exposed to COVID-19 due to a facility’s negligent actions.

Grim Truth About COVID-19 Cases and Deaths in Nursing Homes

When it comes to the impact of coronavirus on long-term care facilities, the data leaves no room for doubt. Both the residents and staff of nursing homes have been disproportionately affected by this outbreak. According to the most recent statistics, nearly 40 percent of all COVID-related deaths can be traced to nursing homes and assisted living facilities, since some 44,000 nursing home residents and workers have lost their lives. 

In Tennessee, nursing home residents account for 5 percent of all coronavirus cases, yet they make up as much as 40 percent of all deaths. In Kentucky, these numbers have come to 19 percent of all cases and 55 percent of all deaths respectively. However, it is possible that long-term care facilities have been affected even more so. According to Kentucky officials, there are still not enough tests or supplies to keep testing the residents of all 285 licensed homes in the state.

Nationwide, the actual numbers are probably higher than the official count would suggest. This is because states are not required to publicly share the number of confirmed COVID-19 cases and deaths in nursing homes. Yet, even the official numbers become a cause of grave concern.

Nursing Homes are Seeking Legal Immunity Amid Outbreaks

Although alarming, the fact that many nursing homes are losing the battle against the coronavirus isn’t, in fact, entirely surprising. A large number of nursing homes and long-term care facilities across the US have long experienced many systemic problems and failures that, many times, have not been properly addressed. In some cases, such issues haven’t been disclosed to the appropriate bodies. As we have reported previously on our blog, systemic problems have been reported in a large number of nursing homes in Kentucky as well.

One of the reasons why long-term and elder care facilities have become hotspots of this pandemic is that, even before the outbreak of COVID-19 in the US, nursing homes already struggled with preventing the spread of infections among residents. According to one report released within the first few weeks of the pandemic, 75 percent of nursing homes in the US “have been cited for failing to properly monitor and control infections in the last three years.” In some cases, the citations were issued for “not telling state officials about an outbreak as unmonitored workers spread disease to patients.”

Such grave errors related to systemic failures may be construed by affected residents and their families as cases of nursing home negligence, warranting legal action and compensation for resulting adverse health effects. That’s why nursing homes in some states have lobbied for a provision from the authorities that would grant them legal immunity from liability related to COVID-19 exposure. Even though it has been called “a license for neglect,” immunity has been granted to nursing homes in a few states, including New York, New Jersey, Connecticut, Georgia, Massachusetts, and Michigan.

Can You Protect Your Elderly Loved Ones?

If you have a loved one who is either a permanent or temporary resident of a nursing home, long-term care, or assisted living facility, you may be rightfully wondering whether such immunity could prevent you from taking legal action if your family member contracts coronavirus. This is understandably a matter of great concern. To many, it may seem unjust that no action could potentially be taken even if an elderly family member suffered due to a preventable COVID-19 outbreak in a nursing home where negligent actions and systemic failures might have been a factor.

It is important to recognize that, currently, Kentucky has extended protection from COVID-19 liability to healthcare providers, and Tennessee is working towards doing the same. However, even if such immunity is legalized in your state, it doesn’t mean that nursing homes are automatically protected from all negligence claims. As certain legal experts have pointed out, immunity wouldn’t apply if a facility had become guilty of malpractice or negligence “prior to the effective date of an emergency order or piece of legislation.”

In the case of an outbreak such as the one we are currently experiencing, nursing homes, long-term care, or assisted living facilities are obliged to take certain measures to limit the spread of disease and protect residents from exposure. Measures may be taken, including implementing stricter sanitation requirements, providing staff with masks and other protective equipment, and isolating potentially infected residents. The Centers for Disease Control and Prevention have issued certain guidelines to help nursing homes protect themselves from an outbreak or limit the spread of the virus.

A failure to implement such measures may constitute a case of negligence for which a nursing facility could face legal action and liability. If you are worried that your elderly loved one may have been exposed to COVID-19 as a result of negligence, it may be necessary to contact a personal injury lawyer to obtain further advice with regard to the best possible course of action.

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