My 88 yo father w damentia was in a assisted living facility was knocked over by a door.

Asked about 2 years ago - Cincinnati, OH

a kitchen server swung open a door walking into the dining room from the kitchen. My father was behind the door ..... got knocked over and had hip surgery due to this insident.... is now in a nursing home.... there are no windows on the swing doors.... do we have a case... happened in the state of Ohio

Attorney answers (6)

  1. Blake Allin Dickson

    Contributor Level 3


    Lawyer agrees

    Answered . Where did this happen? Were you in a restaurant?

    If an employee of the restaurant knocked your father down and broke his hip while in the course and scope of his employment the restaurant would likely be liable for your father's injuries. Servers have a duty to look before opening a swinging door which is why they usually have windows in them so you can see who is on the other side. I am a lawyer in Ohio and you can call me at 1 (800) OHIO LAW Blake A. Dickson.

    Blake A. Dickson, Esq.
    Enterprise Place, Suite 420
    3401 Enterprise Parkway
    Beachwood, Ohio 44122

    Telephone (216) 595-6500
    Toll Free 1 (800) OHIO LAW
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    Representing Victims of Abuse and Neglect.

  2. Mark Wayne Napier


    Contributor Level 10


    Lawyer agrees

    Answered . The server has a duty to your father to use the degree of reasonable care expected in a nursing home environment. He or she must be on the outlook for residents in opening a door into a dining room. The door itself must have had a window. This sounds like a viable claim, but an attorney will still need to investigate. Talk to a local attorney promptly so a letter warning the facility to preserve all possible evidence, witness statements, etc. can be sent by certified mail and fax. Its important to preserve evidence now before it is lost and memories fade.

  3. Michael Brevda

    Contributor Level 11


    Lawyers agree

    Answered . The answer is "most likely." At first glance, it sounds like the facility (or its employees) were negligent in swinging open the door and it sounds like your father suffered real damages as a result.

    Please feel free to contact me to discuss the case in detail.


    Thanks and good luck,

    Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case.
  4. Jeffrey Mark Adams

    Contributor Level 20


    Lawyers agree

    Answered . As posted, the facts suggest yes. Speak with local and qualified counsel. Any personal injury litigator should be able to handle the case. However, you may want to consider someone who regularly handles claims against these types of faculties.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Timothy Lawrence Van Eman

    Contributor Level 9

    Answered . Your father may have a case. Feel free to contact me at 614-224-8187.

    Tim Van Eman, Esq.

    Please note: A response to a question on AVVO does not constitute an attorney client relationship.
  6. Bret A. Schnitzer

    Contributor Level 16

    Answered . Designs on buildings have a statute of repose, so that depends. Maybe a general negligence case, yes. Call an attorney in Ohio. What part of Ohio?

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more

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