In order to prove negligence, the law requires that the injured person or their legal representative, first show that the caretaker or the facility that caused him or her an injury owed a duty of care. A duty of care can either be something that is required by the law when it is written in a statute or regulation or be established by looking at what is expected of a reasonable person or facility under the circumstances. Once it is shown that the caretaker had a responsibility to follow a certain regulation or to provide a certain level of care, the plaintiff then must prove that the caretaker or facility failed to do what they were supposed to do. Next, the plaintiff must show that that as a result of the caretaker’s or facility’s conduct that such behavior was the cause of the resident’s injuries. For example, if a facility is aware that your loved one is at risk for falling and fails to take reasonable precautions to prevent such a fall, resulting in your loved one falling and breaking a bone such as their hip, leg or arm, or sustaining a head injury, the elements likely exist to pursue a negligence claim.
