Disabled Client At Pleasant Valley Based Devereux Foundation Seriously Injured In Accident
PLEASANT VALLEY, CALIFORNIA (April 17, 2020) – Four employees at the the Dutchess County-based Devereux Foundation were arrested after a disabled client was left seriously injured in an accident.
New York State Police arrived at the Devereux Foundation on an earlier call about an accident. After an investigation authorities found that a victim had fallen two days prior to the call they received.
That victim was taken to the Vassar Hospital in order to receive treatment. According to one report from Trooper AJ Hicks, employees at the Devereux Foundation failed to report the accident, failed to get the victim proper medical care and attempted to cover up the accident.
A total of four employees were arrested and charged with endangering the welfare of an incompetent or physically disabled person. An investigation int the circumstances of the accident remain ongoing at this time.
Liability In Devereux Foundation Fall Accidents
Falls are one of the leading causes of injury and death for older and disabled citizens. According to Industrial Safety & Hygiene News, “The largest single cause of falls among the elderly, at 36 percent, of potentially preventable hospital emergency room visits made by nursing home residents is injury due to a fall. A typical, 100-bed nursing home reports at least 100 to 200 falls per year. Keep in mind these are only the reported falls. Several nursing home falls are never reported.” There are a number of common causes of fall accidents including:
- Loose floorboards
- Clutter floors
- Potholes
- Defective sidewalks
- Torn carpeting
- Poorly made stairways
All businesses in New York have a legal responsibility to maintain their premises in a reasonably safe manner. According to the New York State Bar, “When you are injured while lawfully on someone else’s property, the owner is liable for your injuries if the owner’s negligence caused your injury. This is called premises liability. While premises liability includes slip/trip & fall situations, it is broader because it addresses any unsafe condition and resulting injury, whether caused by a fall or otherwise.” Clients with disabilities can be particularly vulnerable to accidents. Businesses must do everything in their power to help keep them safe.
There are a number of potential sources for liability for a fall accident. If employees at a business were negligent and contributed to an accident the company that they work for could be held at fault. Generally speaking, companies are legally responsible for the negligent actions of their employees – insofar as those employees were working within the course and scope of their duties at the time of an accident. There are four elements to negligence:
- A defendant had a legal obligation to act in a reasonably safe manner.
- A defendant breached that legal obligation.
- The breach was the proximate cause of incident.
- The plaintiff suffered harm as a result of the breach.
A company or organization may also be liable for an accident if they failed to report it and didn’t get the victim proper medical care. This may seem unconscionable to some. But it is actually quite common. Any person that is injured while under the care of a business may have legal recourse through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. A premises liability attorney can examine all of the facts of your case and let you know what your legal rights are.
Investigating A Devereux Foundation Fall Accident
We at Pulvers, Pulvers & Thompson exntend our thoughts and prayers to the victim of this accident at the Devereux Foundation. Any person that may have information about this incident should reach out to police. It is deeply troubling that health officials would allegedly try to cover up this incident. There needs to be a full investigation and some accountability for what happened.
