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November 1st, 2013

Is a nursing home liable when a resident assaults another resident?

The harsh reality is that nursing home resident-on-resident beatings are quite common. In October 2013, a NY nursing home resident was allegedly beaten and killed by his roommate. In many cases, nursing homes can be held liable when a resident assaults another resident.

Liability of a nursing home in resident-on-resident beatings depends on two critical factors: 1. whether the nursing home had reason to know of the perpetrator’s violent tendencies and 2. if so, what the nursing home did in response.

In many cases of nursing home assaults, there will be ample evidence that the nursing home had prior knowledge that a particular resident was violent or expressed violent behavior to nursing home employees and other residents.

Related: Nursing Home Liability When a Resident Beats/Assaults Another Resident

Prior knowledge of a resident’s violent tendencies may come from other residents or employees who may testify that the particular resident was previously violent. Medical records may also reveal combative behavior. In some cases, nursing home residents may have violent criminal records.

However, due to issues such as overcrowding, poor quality of care, poor training, etc., the nursing home does nothing. Therefore, residents are often left to fend for themselves, and the results can be catastrophic. If the nursing home knew of a specific resident’s violent tendencies and failed to act appropriately under the circumstances, it may be held liable for allowing a resident-on-resident assault to occur.


Nursing Home & Elderly Care Abuse Lawyers

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If you or a loved one was assaulted in a nursing home or home care situation, please contact our office for a free consultation. Firm founder, Guy D’Andrea, is a former prosecutor with care and compassion for victims of abuse. He represents victims of abuse against those responsible for the abuse, including the abuser as well as the institution which allowed the abuse to continue or failed to stop the abuse.

To submit your case for review by our Pennsylvania and New Jersey crime victims lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.