Not every injury that occurs on the property of a nursing home is an accident. Some instances of abuse or physical harm may rise to the level of criminal assault or battery. On these occasions, a criminal case, as well as a civil claim for damages, may arise.
While the perpetrator of an assault certainly carries liability for any damage that results, the nursing home may also share responsibility. This is because employers are responsible for the actions of their employees that occur on their property.
A Washington DC nursing home assault and battery lawyer could help injured residents to examine the facts that led to their losses. This may include contacting local police to report an attack, filing a complaint with the DC Board of Health, and pursuing civil lawsuits demanding compensation.
Any form of assault or battery committed in Washington DC is a criminal offense. It does not matter if the victim is a healthy person or a resident in a nursing home. Merely threatening physical violence against another is illegal. Under DC Code §22-404, a violation of the law is an offense that could result in up to 180 days in jail for the guilty party. If that assault results in a serious bodily injury such as a broken bone or a concussion, the available penalty rises to as many as ten years in prison.
However, while victims of assault or battery are encouraged to contact the police to press charges against their attacker, this will do little to provide compensation for any losses endured in the assault. Even if a criminal court convicts the nursing home worker of an assault and sentences them to prison, this court cannot order the defendant to pay money to the victim. To accomplish this, a plaintiff must pursue a related but separated civil lawsuit.
Any person who commits an act of violence against another is responsible to provide compensation for any physical injuries that result. It follows that a nursing home resident could then sue their attacker for damages. However, that attacker is not the only potential defendant in a Washington DC nursing home assault and battery case.
It is likely that the nursing home’s ownership may also liable for an attack that occurred on their property. All nursing homes have an obligation to provide a safe environment for their residents. This includes hiring staff without a history of violence and keeping tabs on those workers to ensure that they do not abuse residents.
Because of a legal concept known as agency, employers are legally responsible for the actions of their employees while on the clock. As such, a nursing home may share responsibility for any injuries that occur as the result of an assault or battery upon a resident perpetrated by a worker. A Washington DC nursing home assault and battery lawyer could help clients to pursue all possible defendants for maximum compensation.
Assaults and batteries that result in physical injuries are sadly common in Washington DC’s nursing homes. Whenever a staff member intentionally attacks a resident and causes a physical injury, that staff member is both criminally and civilly liable for their actions.
However, the nursing home may also share liability if they negligently hired the abusive staff member or did not take adequate steps to provide training or supervision. In this way, a nursing home may be liable if an assault happens to their residents.
A Washington DC nursing home assault and battery lawyer could help injured residents to explore their options. They work to collect evidence of the attack, to contact local police, and to pursue all available defendants for maximum compensation. Contact an attorney today to get started.
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