Are Nursing Homes Liable for Falls

Article Updated:  June 3, 2025

 

Are Nursing Homes Liable for Falls

Nursing homes have a duty to ensure residents are both treated for any injuries that are caused by falls and to do all they can do ensure falls do not occur in the first place. Careless supervision and poor attention to safety measures are amongst the reasons that falls can occur. When a nursing home could have prevented a fall, they may be liable to the resident and their family, including in cases where the fall is related to:

◊   Poor railing in hallways and bathrooms

◊   Defective equipment like wheelchairs and walkers

◊   Slippery floors

◊   Health conditions that are not properly monitored

Whether a fall has happened or not in your case, this article can teach you all you need to know about nursing home falls and who is liable in cases of falls, including:

◊   The responsibility that nursing homes have towards residents and providing a safe environment

◊   How high the threat of falls is in nursing homes

◊   Common causes of falls in nursing homes

◊   How to report a fall in a nursing home

Read on to learn everything you need to know about liability in nursing home falls.

Nursing Homes have a Responsibility to Maintain Safe Environments

Nursing homes are liable for falls as it is their job to ensure that residents are safe, always protected and watched over in meaningful ways. It is the responsibility of the nursing home and its staff to ensure that residents have their fall risks reduced in every conceivable manner. Victims or their families may hold nursing facilities accountable for falls and injuries sustained when staff members fail to maintain patients’ surroundings in a safe manner.  It is reasonable for families to assume that their loved ones will receive the quality of care they are entitled to when they choose nursing homes for them.

Because nursing home residents are often weak, falls among them frequently result in significant injuries, some of which are fatal, according to the Centers for Disease Control and Prevention. Falls can occur for a variety of reasons and each cause can be mitigated and taken into consideration proactively by nursing homes and their staff:

◊   Lack of safe railings

◊   Defective equipment

◊   Slippery floors

◊   Health conditions

Employees at nursing homes have a responsibility to make sure every resident is safe; if they don’t, it could be considered neglect. A nursing home abuse attorney can assist victims and their families in holding the facility responsible for the harm they inflicted in these situations.

The Threat of Falls are High in Nursing Homes

Falls are among the most common and dangerous incidents in nursing homes, posing serious threats to the health and safety of elderly residents. According to the Centers for Disease Control and Prevention (CDC), thousands of older adults suffer fall-related injuries in long-term care facilities each year—many resulting in fractures, head trauma, and even death. On average upwards of 50%-60% of nursing home residents have falls every year.

Aging residents are often at greater risk due to physical frailty, mobility limitations, and chronic conditions such as Parkinson’s disease, arthritis, and dementia. Despite these vulnerabilities, nursing homes are legally required to assess residents for fall risks and develop care plans that include prevention measures such as assistive devices, bed alarms, non-slip footwear, and adequate staffing.

So, are nursing homes liable for falls? The answer depends on whether the fall resulted from negligence. If a nursing home fails to conduct proper assessments, ignores physician recommendations, or does not maintain a safe environment—such as leaving wet floors unaddressed or not assisting a high-risk resident—then it may be held legally liable for any resulting injuries.

Common Causes of Falls in Nursing Homes

When deciding if nursing homes are liable for falls it is important to look into the most common causes of falls and how they can be prevented by nursing homes. Some of the most common causes for falls include health conditions like Parkinson’s and visual impairment, defective equipment, lack of oversight by staff when residents are in vulnerable positions (like the shower or bathroom) and inadequate railing.

◊   Loose/ unsafe railings in bathrooms and hallways

◊   Broken/ faulty wheelchairs and walkers

◊   Short staffing leaving residents unattended

◊   Failure to take health conditions that cause falls into consideration

Health conditions are known to nursing homes, which means they should be aware who is at higher risk of a fall. Individuals with cognitive concerns, or physical disabilities are at a much higher risk of falls and should be watched and supervised in a more comprehensive manner. When nursing home staff are aware of existing health conditions that increase fall risks, they are obligated to give more care, time and attention to these residents. Failing to do so only further solidifies culpability that they have in falls.

Defective equipment in a nursing home can include walkers, wheelchairs and guard rails. These items need to be updated and maintained and checked to make sure they are always safe and working properly. Many nursing home residents fall because of a lack of care and diligence shown by nursing homes to ensure that equipment in their facilities are working properly. This leads to falls that could have been prevented.

Often times nursing homes are understaffed or simply have staff that are not thorough in their oversight with regards to resident life. Many residents require assistance in their daily movements from the moment they wake up to the moment they go to sleep. Nursing homes are liable for falls when their own internal staffing failures lead to residents being left unattended. It is the responsibility of nursing homes to ensure that each resident has the attention and care that they need to stay safe and not fall.

This is particularly true when residents are in sensitive positions like being in the shower or in the bathroom. At times like this oversight is absolutely needed and any falls that take place are squarely the liability of the nursing home. Further exasperating this situation is the reality that many nursing homes fail to have safe, secured and adequate railings in places like their bathrooms.

Health Conditions can Increase Fall Threats

Falls are a leading cause of injury in nursing homes, often resulting in serious consequences for elderly residents. While environmental factors play a role, many falls are directly linked to specific health conditions common in aging populations. Understanding these conditions is critical for both care providers and families advocating for loved ones.

◊   Parkinson’s

◊   Impaired Vision

◊   Arthritis

          ◊   Dementia

◊   Degenerative Muscular Disorders

◊   Impaired Cognitive Conditions

◊   Strokes

◊   Foot Weakness and Conditions

◊ Peripheral Neuropathy

One major contributor is cognitive impairment, including dementia and Alzheimer’s disease. These conditions can affect judgment, coordination, and spatial awareness, increasing the likelihood of missteps or disorientation. Parkinson’s disease and other neurological disorders also impair mobility and balance, heightening fall risk.

Medication side effects, particularly from sedatives, antipsychotics, and blood pressure drugs, can cause dizziness or confusion. Vision problems, often untreated or poorly managed, make it difficult to detect obstacles. Muscle weakness and arthritis limit strength and flexibility, while conditions like diabetes may cause peripheral neuropathy, reducing foot sensation and balance. Facilities are legally obligated to assess fall risks and implement individualized prevention strategies. When they fail to address known medical conditions that contribute to falls, they may be liable for resulting injuries. Families should remain informed and proactive, ensuring care plans are comprehensive and regularly updated to protect their loved ones.

Why are Nursing Homes Liable for Falls?

Families frequently ask: Why are nursing homes liable for falls? The answer lies in the legal duty nursing homes have to provide a safe environment and appropriate care for their residents.

Nursing homes are legally obligated to assess each resident’s fall risk upon admission and regularly thereafter. This includes identifying medical conditions, medications, mobility issues, and cognitive impairments that could contribute to falls. When facilities fail to conduct these assessments or ignore known risks, they can be considered negligent.

In addition to assessment, nursing homes must implement and maintain fall prevention measures—such as using bed rails, non-slip flooring, proper lighting, and adequate supervision. They are also required to hire and train staff to assist residents with mobility and monitor those at high risk. When these precautions are not in place, or staff are inattentive or improperly trained, the facility may be held legally responsible for resulting injuries.

Ultimately, nursing homes are liable for falls because many falls are preventable with reasonable care. If a fall results from a facility’s failure to meet accepted standards of care, it constitutes negligence under the law.

Reporting a Fall in a Nursing Home

States have mandates in place to ensure that there are inspections to verify nursing facilities’ adherence to federal regulations at least once a year. Families are free to voice concerns without fear of reprisal when they observe indications that a loved one may not be getting proper care at their nursing home.

You have a right to know the cause and circumstances of your loved one’s fall if it happened in their nursing home. Any issues or worries you may have can be brought to the attention of the staff, who will take prompt action to resolve them. You might want to bring the matter up with the nursing home administration and ask about the grievance procedure if they are unable to address it. For additional research, you can also bring the matter to the attention of your state’s licensing office or ombudsman agency.

Families frequently discover that they do not get the responses they are entitled to, regardless matter how proactive they are. They can hire a lawyer at any stage of this procedure, who can speak with the proper authorities on their behalf and, if needed, hold the nursing home accountable in court.

Your Rights as a Nursing Home Resident

To guarantee proper staffing and safety precautions in nursing homes, federal laws were introduced in 1987 by the Nursing Home Reform Act (NHRA). It also described residents’ complete rights, which can be neglected if a facility fails to provide adequate care in accordance with state and federal regulations. Nursing home employees may be held negligent if they neglect to reduce residents’ fall risk factors and an injury results.

Residents in nursing homes are entitled to be treated with respect and dignity, to have their needs met, and to be free from any types of abuse and neglect. An attorney can help families who suspect or discover that nursing home negligence led to their loved one’s fall pursue financial recovery.

How the Right Nursing Home Fall Lawyer Can Help You

Families often struggle with guilt or confusion after a fall occurs, but it’s important to understand that not all falls are accidents. Some are preventable. If you believe a nursing home’s negligence contributed to your loved one’s injury, legal action may be appropriate. Consulting with an attorney who understands elder care laws can help you determine whether your case meets the criteria for liability and ensure your loved one’s rights are protected.

Warmly,

Reza Davani, Esq.
State Bar No.:     1212110211
Federal Bar No.: 30168

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