My Parent Fell in a Nursing Home: Is the Facility Liable?

Table of Contents

When is a California nursing home responsible for a resident’s fall?

Federal rules for nursing homes that take part in Medicare or Medicaid (42 CFR 483.1 (Basis and scope)) require the facility to make sure the resident environment remains as free of accident hazards as is possible, and that each resident receives adequate supervision and assistance devices to prevent accidents (42 CFR 483.25 (Quality of care)). Under California law, the negligent failure of a person who has the care or custody of an elder to protect that elder from health and safety hazards is neglect (Welfare and Institutions Code section 15610.57). The Law Offices of J. Chrisp represents people in nursing home abuse cases.

Neglect under California’s elder abuse law

California defines neglect as the negligent failure of a person having the care or custody of an elder or dependent adult to exercise the degree of care that a reasonable person in a like position would exercise (Welfare and Institutions Code section 15610.57). Neglect is one of the forms of abuse listed in the state’s definition of abuse of an elder or dependent adult (Welfare and Institutions Code section 15610.07). Other examples of neglect in the statute include failing to assist with personal hygiene and failing to provide medical care for physical and mental health needs (Welfare and Institutions Code section 15610.57).

Added remedies when the neglect was reckless

Some neglect cases allow remedies beyond ordinary damages. They apply where it is proven by clear and convincing evidence that the defendant is liable for neglect and was guilty of recklessness, oppression, fraud or malice in committing it (Welfare and Institutions Code section 15657). In that situation, the court must award reasonable attorney’s fees and costs.

What families can do after a fall

Ask the facility, in writing, what happened, who saw it and what changed in the care plan afterwards.
Photograph the room, the bed or chair, the flooring and any equipment involved.
Write down dates, names of staff and anything your parent says about the fall.
Keep copies of hospital and doctor records from the days after the fall.

Frequently asked questions

Who counts as an elder under this law?

California’s elder abuse law defines an elder as any person residing in California who is 65 years of age or older (Welfare and Institutions Code section 15610.27).

Can a family member report a fall to the state?

Yes. The California Department of Public Health says anyone can file a complaint against a health-care facility, online through Cal Health Find or by contacting the district office (California Department of Public Health, File a Complaint).

If your parent was hurt in a fall at a nursing home, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There are no fees and no case costs unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee and no case costs unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.

My Parent Fell in a Nursing Home in California. Is the Facility Responsible?