Nursing Home Liability for False Imprisonment

by David Peel on January 24, 2014

Nursing Home Liability for False ImprisonmentNursing homes can sometimes be liable for false imprisonment of its residents. This can be because of the actions of the nursing home staff or other residents. However, when false imprisonment claims are present, it is usually due to the actions of nursing home staff. It is important to understand what false imprisonment is and when nursing homes are liable for it.

False imprisonment is the confinement of a person against his will. The confinement is usually within an area with a boundary. And, the person being held has no reasonable means of escape.

False imprisonment in a nursing home can occur when nursing home staff does not let a resident leave a certain area. This could mean that the person cannot leave his room, a dining room, a communal area, etc. even though the person does not wish to be confined in that area. All these areas are rooms that have a clear boundary. And, while these rooms have a reasonable means of escape, the door, the resident may not be able to get out of the confined area safely. This means that the usually reasonable means of escape has become and unreasonable means of escape.

When nursing home staff falsely imprisons a resident, it is not uncommon for the staff to leave the resident without his wheelchair or walker so that the resident cannot leave. Again, this means that the normally reasonable means of escape is unreasonable under the circumstances. And, sometimes, the nursing home staff will threaten to deprive the resident of food or water or to hurt the resident if he leaves the area.

When nursing home staff falsely imprisons residents, the nursing home is liable because the staff is employed by the nursing home. This means that the staff is under the control of the nursing home and acting on its behalf. Because of this, it is liable for the staff’s actions.

If you or someone you know would like more information on nursing home liability for false imprisonment, please contact Mr. Peel through Mr. Peel focuses in personal injury and has experience with nursing home abuse. He practices in Millington, Tipton County, Lauderdale County and Memphis, Tennessee. His office is located in Millington, Tennessee.

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