Receiving a call that a loved one has suffered a fall while in the care of a nursing home is a parent’s or child’s worst nightmare. You placed your trust in a professional facility, believing they would provide the safety, supervision, and environment your family member deserves. When that trust is broken by a preventable accident, the emotional toll—combined with the sudden burden of new medical expenses—can feel overwhelming.
At Potts & Potts, we understand the anger and confusion families face when a nursing home resident is injured. If you are wondering whether you have legal grounds to hold a facility accountable for a fall, the short answer is yes: nursing homes have a clear legal duty to keep their residents safe, and when they fail in that duty, they can be held responsible under Hawaiʻi law.
The Legal Duty of Care in Hawaiʻi Nursing Homes
Nursing homes in Honolulu and throughout the islands are not merely housing facilities; they are healthcare providers held to strict standards. Under federal and state regulations, these facilities are required to assess each resident’s mobility, provide necessary assistance devices, maintain an environment free of hazards, and ensure adequate staffing levels to supervise residents who are at risk of falling.
When a fall occurs, it is rarely just an “accident.” Often, it is the result of systemic negligence, such as:
- Inadequate Supervision: Failing to check on a resident who requires assistance with walking or transferring.
- Failure to Use Assistive Devices: Neglecting to use bed rails, walkers, or proper lifting equipment.
- Understaffing: When staff is stretched too thin, they cannot respond to call buttons or assist residents in a timely manner.
- Environmental Hazards: Failure to clean up spills, fix uneven flooring, or provide adequate lighting in hallways and rooms.
- Medication Errors: Improperly managing medications that cause dizziness, weakness, or impaired balance.
Understanding Hawaiʻi’s Legal Landscape
Navigating a nursing home negligence claim requires an understanding of how local laws interact with your family’s situation. Two specific legal principles are critical to any potential case in Hawaiʻi.
1. The Statute of Limitations
In Hawaiʻi, you have a limited window of time to file a legal claim. Generally, the statute of limitations for personal injury cases—including those involving nursing home negligence—is two years from the date the injury occurred or was discovered. While this may seem like a long time, building a case against a large facility requires extensive evidence gathering, such as reviewing staffing logs, medical charts, and facility safety records. Delaying action can jeopardize your ability to hold the facility accountable.
2. The 51% Modified Comparative Negligence Rule
Hawaiʻi operates under a modified comparative negligence framework (HRS § 663-31). This means that if a victim is found to be partially at fault for their own accident, their potential compensation is reduced by their percentage of blame. Crucially, if the victim is found to be more than 50% at fault, they are barred from recovering any damages at all. Insurance companies for nursing homes are well-aware of this rule and will often aggressively attempt to shift blame onto the resident—claiming they were “uncooperative” or “ignored instructions”—to avoid paying a claim.
Steps You Should Take Immediately
If you suspect your loved one’s fall was caused by neglect, you have the right to seek answers and hold the facility responsible. We recommend the following steps:
- Document Everything: Take photographs of the area where the fall occurred, note the time and conditions, and request a copy of the facility’s incident report.
- Check Regulatory Records: You can review the safety and inspection history of local facilities using the Medicare Care Compare tool, which provides data on health inspections and staffing quality.
- Seek Experienced Counsel: Nursing home litigation is complex and emotionally taxing. You need a representative who knows how to navigate the local court system and combat the tactics used by large corporate facilities and their insurers.
Why Experience Matters
At Potts & Potts, we believe that families deserve direct, transparent advocacy. Dennis Potts has lived in Hawaiʻi for over 50 years and personally handles every case that comes through our firm. We do not pass our clients off to junior associates or paralegals; when you work with us, you work directly with Dennis Potts.
Since 2007, our firm has maintained a 100% success rate in obtaining favorable outcomes for our clients, securing millions in settlements and judgments. Whether you are a local resident or a visitor who needs to pursue a claim after returning home, we are here to ensure your loved one’s rights are protected. We operate on a contingency basis, meaning there is no fee unless we win your case. If you need help, please reach out to a Honolulu nursing home abuse attorney at our Honolulu office for a consultation.
This article is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a licensed attorney in Hawaiʻi.