Skip to main content

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

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

Posted

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.

561-630-5363

Thanks and good luck,
Michael

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

Mark as helpful

2 lawyers agree

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Mark as helpful

2 lawyers agree

Posted

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. www.schnitzerlaw.net

Mark as helpful

Posted

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.
THE DICKSON FIRM, L.L.C.
Enterprise Place, Suite 420
3401 Enterprise Parkway
Beachwood, Ohio 44122

Telephone (216) 595-6500
Toll Free 1 (800) OHIO LAW
1 (800) 644-6529
Facsimile (216) 595-6501
E-Mail BlakeDickson@TheDicksonFirm.com
Web Site www.TheDicksonFirm.com
[CRISP Email Signature_3]

Representing Victims of Abuse and Neglect.

Mark as helpful

1 lawyer agrees

Posted

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.

Mark as helpful

1 lawyer agrees

Posted

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.

Mark as helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics