Elopement of memory care residents is a scenario that can lead to serious injury or death. Most of the time, these kinds of injurious scenarios are preventable. As such, elopement leading to physical harm is a situation that may be legally actionable under certain circumstances.
Memory care facilities – and memory care wards of dynamic facilities – are specifically designed to care for individuals with cognitive impairments, such as Alzheimer’s disease and dementia. Residents of these facilities often require close supervision and specialized care to prevent dangerous situations, including wandering or elopement. When a facility fails to meet its duty of care, leading to a resident’s unauthorized exit, it may be held liable for any resulting harm.
Holding negligent facilities accountable for harm
Elopement occurs when a resident leaves the premises unsupervised or without staff knowledge, potentially putting themselves in harm’s way. Common risks associated with elopement include exposure to extreme weather conditions, traffic accidents and falls. Given the vulnerability of memory care residents, these situations can result in severe injuries.
Memory care facilities and wards are required to implement adequate safety measures to prevent elopement, such as secure exits, alarm systems and sufficient staffing to monitor residents. When a facility neglects these precautions and a resident elopes, that facility may be held accountable if the elopement in question results in harm. This negligence can form the basis for a personal injury lawsuit, allowing the injured resident or their family to seek compensation for damages.
Families entrust memory care facilities with the safety and well-being of their loved ones. When that trust is broken due to negligence, legal action may be necessary to hold the facility accountable and prevent future injurious scenarios.