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Settlement Reached in Wrongful Death Lawsuit Against Chicago Area Adult Day Care Center

Recently, the Illinois wrongful death lawyers at Levin & Perconti settled a lawsuit against a Chicagoland adult day care center and two other corporate defendants. The case stems from the death of an 87-year old man who suffered injuries while he was at the adult day care center. Local residents are likely familiar with these centers. They provide activities and supervision to elderly community members during the day. They are intended to be safe day-time environments for seniors, many of whom often need assistance with various tasks. However, each Illinois injury attorney at our firm knows that serious harm can befall those at these day care centers when caregivers do not act reasonably to ensure that the area is safe for those using it.

The incident which led to this suit took place in mid-July of 2010. The senior involved had just left the front of the facility and was waiting to be transported back to his home on a bus. Of course, being a senior center, staff members at the home should have been aware that many seniors need assistance at this time while getting on or exiting a bus. The steps and curbs present obvious dangers when vulnerable seniors are forced to navigate them alone. For that reason, those at these centers are charged with properly supervising and assistance the seniors at this time, if necessary. The care plan for this particular senior called for “stand-by assist” for ambulation.

Unfortunately, contrary to the man’s care plan, no staff member was assisting the senior as he was trying to get onto the bus. As a result, the senior fell while trying to make it into the vehicle. He hit his head during the fall, which resulted in a serious brain injury. The head wounds were life-threatening, and the man ultimately passed away from those injuries five days later.

In addition to the adult day care center’s failure to supervise the man, it soon became clear that the fall was also caused in part by an inadequately designed and unsafe curb ramp. In particular, the ramp’s side slopes and longitudinal slopes violated building codes-the ratios exceeded that which were allowed. On top of that, the curb ramp had no markings which would have warned users of its configuration, size, and location. Considering that this was at a senior center, with many facility users with unique vulnerabilities, those curb problems posed clear risks of serious harm.

The family subsequently filed an Illinois wrongful death lawsuit against those involved to demand accountability and redress. The settlement was recently finalized in the amount of $1.2 million. That amount was split between the day-care center as well as those involved in maintaining the premises. The family was represented by our injury attorneys John J. Perconti and Scott J. Richard.

Our Chicago injury lawyers appreciate that these sorts of accidents affect senior residents quite frequently. It remains imperative that all those who manage these senior centers and own the properties act reasonably to prevent these accidents and save lives. When they fail to do so, the law demands that they provide redress for the harm caused.

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The New Role of Video Cameras in Chicago Nursing Home & Injury Cases