What to do if my 91 year old mom was at an assisted living facility to attend a luncheon and she tripped on the edge of a floor rug, fell and broke her upper arm?

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What to do if my 91 year old mom was at an assisted living facility to attend a luncheon and she tripped on the edge of a floor rug, fell and broke her upper arm?

Can I get any financial help from the place where she fell? She is not a resident there; she lives by herself and will need full time help once she gets out of rehab.

Asked on January 10, 2015 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue them (assuming they do not voluntarily offer compensation, if you request same) IF you believe they were at fault in some way. To have been at fault, they must have been unreasonably careless. In a case like the situation you describe, that would typically require that the rug was an obvious tripping hazard, such as being curled up at the edge so tripping was more likely, and despite it being an obvious hazard, they did nothing to correct it. On the other hand, if they did nothing wrong, and without their fault, your mother happened to trip and faul, they would not be liable, or required to pay anything.


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