New York businesses are expected to keep their premises safe for the public. They can be held liable for any injuries that result from their failures to meet their obligations. In another state, one woman recently claimed that her mother suffered injuries at a nursing home. She has since filed a lawsuit against the facility, alleging both negligence and premises liability.
According to the woman's complaint, her mother, 76, suffered damages and injuries while residing at the nursing facility. Her mother reportedly suffered fractures and falls. She also is said to have suffered dehydration and weight loss.
The plaintiff alleged that as a result of the poor treatment her mother received at the center, her mother experienced anguish, pain and the loss of dignity. The plaintiff also claimed that her mother suffered emotional trauma and disfigurement. Staffing deficiencies at the nursing facility are being blamed for the alleged neglect and abuse.
As part of her negligent premises lawsuit, the woman is seeking both compensatory and punitive damages, with punitive damages having the potential to be awarded in cases involving egregious fault. The plaintiff is also seeking litigation costs, as well as a ban on the nursing facility's reported use of fake advertisements, sales or marketing regarding its quality of care. In a case involving premises liability, a preponderance of the evidence is needed to establish financial responsibility in a manner that pleases the civil court hearing the liability case in the state of New York. Only then will the court adjudicate damage claims.
Source: wvrecord.com, "Daughter blames nursing home for mother's alleged injuries, neglect", May 3, 2016