A patient in a local San Diego nursing home, the Vista Healthcare Center, died after being hit by one of the facility’s food carts. Now, the family of the victim has been found victorious in a wrongful death lawsuit against the facility, with a jury ruling that the nursing home was liable for the victim’s death and was negligent in their responsibility to maintain appropriate standards of safety.
The victim, Margaret Kasper, died just five days after the food cart accident in 2010. The cart was very large and heavy, and most people pushing the cart would not be able to see over the top of it to determine if anyone was in the way. The cart was 70 inches tall (nearly six feet), 23 inches long and 32 inches wide. Additionally, there were no slats or holes in the cart that would allow for any sort of visibility for people who were pushing it.
According to the Kasper family’s lawyers, these safety issues with the cart were just one of many issues they uncovered while investigating the facility. The lawyers indicate that the facility should have known that pushing around such a large, unwieldy cart with such little visibility was a safety liability, and that those people in charge of moving it around should have known to use more care while moving it so as not to strike anyone if they were in the way.
Nursing homes have a responsibility to keep their residents safe and to provide certain levels of care. When they fail in this responsibility, they could be held liable in personal injury, abuse or wrongful death lawsuits.
If a loved one has been harmed due to the irresponsible actions or negligence of nursing home staff or administrators, contact a dedicated elder abuse attorney with Thorsnes Bartolotta McGuire in San Diego.