The incident occurred on Saturday, February 19, 2022, shortly before 9 a.m. According to reports from the Camarillo Police Department, a 64-year-old man repeatedly stabbed another man – and even severed part of his ear. Both the suspect and victim are residents of a Camarillo assisted-living facility. Officers responded to the incident and found the victim, who has not been identified with multiple stab wounds and a severed ear. He was transported to a local hospital to treat his injuries.
The attacker, who has since been identified as 63-year-old Raymond Cortinas, was taken into custody. He faces the felony charges of premeditated murder and mayhem. Although the incident is still under investigation, the police stated that the suspect seemed to attack “for no apparent reason” and that the men knew each other prior to the incident.
Without a doubt, this is an unfortunate incident. However, it highlights the issues present in assisted-living facilities where some of the most vulnerable people live. Unfortunately, some of these facilities fail to take the necessary steps to keep their facilities safe for their residents – ultimately leading to incidents that could have been prevented.
If you or a loved one suffered injuries in an attack at an assisted living facility, then you might have grounds to file a lawsuit against the owner of the facility. If you are unsure of your rights and would like to discuss your legal options, don’t hesitate to contact to contact us as soon as possible. Here at Downtown L.A. Law Group, our lawyers have decades of experience handling all sorts of injury claims, including assault and battery claims after attacks in assisted living facilities and other premises. Our injury attorneys are ready to evaluate your claim and help you recover a fair settlement for the harm suffered.
Different Types of Facilities for the Elderly
There are a few different types of facilities for the elderly. Most of us are familiar nursing homes (sometimes called skilled nursing facilities). These facilities focus on providing more medical care when compared to other types of facilities. Typical services provided in nursing hones can include nursing care, meals, assistance with day-to-day activities, 24/7 supervision, etc. Some nursing homes also provide rehabilitation services for their residents (physical therapy, speech therapy, occupational therapy, etc.). Assisted living facilities, on the other hand, are focused on helping with some care – but not as much as nursing homes. They might provide help with services like laundry, personal care, meals, etc. These facilities also typically have 24/7 supervision, on-site security, and staff present. Another type of facility includes board and care homes. These facilities are typically much smaller than nursing homes and assisted living facilities. Although residents have access to help with personal care and meals and have staff around 24/7, they do not get any nursing care of medical care.
Regardless of the type of facility, their residents should be safe within the premises of the facility.
Is the Property Owner Liable for Incidents?
Unfortunately, incidents like the one previously discussed can happen in any assisted-living facility or nursing home. Is the assisted living facility or nursing home liable for any resulting injury? Can the staff or property owner be held accountable? In some cases, the property owner can be held accountable for any harm resulting from an incident, like the stabbing incident discussed above.
Let’s consider some of these questions:
- Did the facility fail to keep residents safe?
- Did the facility fail to supervise residents?
- Did the facility fail to have appropriate security?
- Did the facility fail to identify and address a risk presented by a resident towards another resident?
When agreeing to care for a resident, these facilities become responsible for ensuring that their residents have the necessary care. In addition to making sure that residents are fed, clean, and cared for, they must also make sure that their entire premises remain safe for residents. Just like facilities should ensure that spills are addressed quickly to prevent slips, they should also ensure that their residents do not pose a direct risk to any other resident. Even if there is just verbal conflict, it should be addressed immediately to prevent escalation.
This is all based on premise liability – which states that property owners have a duty to keep their premises safe for all their guests. Based on premise liability, property owners could definitely be liable for any harm resulting from assault and battery on their premises.
Your Right to Sue and Recover Compensation
You could sue for the harm that you or a loved one suffered in an assisted-living facility. If your lawsuit is successful, you could be entitled to recover compensation, which could include compensation for the following: medical costs, lost income, pain and suffering, loss of consortium, funeral and burial costs, punitive damages, etc. If you are unsure of what you could be eligible to recover if you file an injury lawsuit against a nursing home or assisted-living facility, do not hesitate to contact our experts today. Our lawyers can help you recover the highest payout available for your lawsuit.
Contact Downtown L.A. Law Group Today
Our lawyers are ready to help you. We are proud to offer free legal services, which include free consultations and free second opinions. During these legal services, our injury lawyers will answer your questions, address your concerns, and give you the information that you need to feel confident in your claim and fighting for your rights. Our Zero-Fee guarantee ensures that you will never pay upfront legal costs. We are proud to work on contingency; therefore, our clients will never have to pay anything until after winning their claims. If you do not win, you will not have to pay any legal fees whatsoever.
Contact us today to learn more about the legal options available to you after an assisted-living incident resulting in injury or death. We are ready to help you.