Find out when a care home may be liable for a fall, how negligence is proven, and whether you could claim compensation for a loved one’s injuries.
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Falls in Care Homes – When is the Care Home Liable?
Falls are the leading cause of injury in care homes, especially for residents who are elderly, frail or have mobility issues. Care homes have a legal duty to take reasonable steps to keep residents safe from harm and prevent falls. If they fail to do so, they may be liable for compensation.
Common types of negligence that could lead to a valid claim include failing to conduct risk assessments, inadequate supervision, and poorly maintained premises. Injuries can range from sprains and strains to hip fractures, head injuries and long-term disability.
A specialist care home claims solicitor can help assess your case and compensation prospects. Call 0800 470 0472 today for a free initial consultation or use our online claim form to request a call back.
Table of Contents
Can I claim compensation for a fall in a care home?
Yes, if you or a loved one were injured in a preventable fall, you may be able to make a claim for care home negligence. While not all falls will result in a claim, a personal injury solicitor may take on your case if the following can be proven:
- The care home owed you a legal duty of care.
- This duty was breached through negligence.
- The breach directly caused the fall and resulting injury.
- The claim is brought within the legal time limit.
Some claims are made by a litigation friend acting on behalf of a resident in a care home. If court proceedings are issued, they must be approved or appointed by the court and act in the claimant’s best interests.
How should a care home assess and manage fall risks?
Care homes have a legal duty to assess fall risks and put appropriate measures in place to prevent them. Under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the NICE falls prevention guidelines, relevant duties and guidance include:
- Carry out individual fall risk assessments on admission.
- Make sure these assessments are regularly reviewed in light of medication and mobility.
- Offer fall prevention exercise programmes where appropriate to improve balance and strength.
- Implement tailored care plans for each resident based on their needs.
- Use appropriate safety measures such as bed rails and sensor mats.
- Ensure adequate staffing levels and supervision for high-risk residents.
- Keep a safe environment free of hazards that could cause falls.
- Encourage a diet rich in calcium and consider vitamin D supplements where appropriate.
- Provide appropriate first aid and medical care following a fall accident.
Failure to follow the NICE prevention guidelines may be used as evidence that the care provided fell below a reasonable standard, although a compensation claim will still depend on proving negligence and causation.
What should a fall risk assessment contain?
A proper fall risk assessment should identify both personal and environmental risk factors and should be regularly reviewed and updated. It should typically include:
- A detailed history of past falls.
- The resident’s medical history and personal risk factors.
- Mobility levels and cognitive status.
- A review of medications that could affect mobility.
- Environmental risks within the care home.
- The identified risk level for falling.
- Tailored care needs and prevention measures for the resident.
If no risk assessment is carried out or it is not regularly updated, this may amount to a breach of duty, negligent care and potential liability for a fall, depending on the circumstances of the case.
Who is responsible for falls in care homes?
Responsibility for falls in care homes usually lies with the owner or operator, who could be:
- Local authorities, if the accident happened in a council-run care home.
- A private or voluntary organisation, in the case of council-commissioned care homes.
- A company or individual running a private care home for profit.
In some cases, liability may also extend to third-party contractors if their negligence caused or contributed to the accident. Multiple parties may also share responsibility if you are injured in a care home.
When is a care home liable for damages if a resident falls?
A care home may be liable for a resident’s fall if the accident was reasonably preventable and it resulted from a failure to uphold the required standard of care.
Common types of care home negligence that could lead to a fall and a subsequent claim include:
- Poor or incomplete fall risk assessments.
- Failing to provide adequate supervision or assistance to high-risk residents.
- Inadequate training for staff on how to assist and handle residents.
- Lack of adequate equipment, such as bed rails or alarm mats.
- Poorly maintained premises, such as wet floors or loose carpets.
- Failing to follow care plans or established guidelines.
- Additional harm due to inadequate post-fall care and monitoring.
Ultimately, liability depends on whether the care home acted as a reasonably competent provider would have under similar circumstances.
What injuries can result from care home fall accidents?
Falls in care homes can cause serious and sometimes life-changing injuries in older adults due to reduced bone density and other health conditions. These include broken bones, severe soft tissue injuries, head injuries and severe bruising.
Moreover, injuries resulting from falls can lead to or worsen pre-existing conditions, such as pressure sores, if they lead to hospitalisation and reduced mobility. In severe cases, these may lead to permanent loss of mobility and disability.
Common injuries include:
- Pelvis and hip fractures, and other broken bones.
- Head injuries, including concussions and severe brain injuries.
- Back injuries, including spinal injuries and paralysis.
- Bruising, lacerations and other soft tissue injuries.
- Severe muscle strains and tendon injuries.
How much compensation can I claim for a care home fall?
Each case is unique, and the amount of compensation awarded depends on the severity and impact of the injuries. A personal injury claim will cover two types of damages:
- General damages are awarded for pain and suffering, loss of amenity and loss of enjoyment of life.
- Special damages are awarded for related financial losses and expenses, such as medical treatment, rehabilitation, mobility aids and care costs.
Usually, the more severe the injury, the higher the compensation award according to the 18th Edition of the Judicial College Guidelines for general damages. For example, you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Ankle Injuries | A minor ankle fracture, sprain or ligament injury recovering fully or leaving only mild symptoms | Up to £18,000 |
| Back Injuries | A severe back injury with spinal cord and nerve root damage, causing pain, disability and bladder, bowel and sexual impairment | £120,000 - £213,000 |
| Brain Damage | Brain damage causing serious disability, substantial dependence on others and reduced life expectancy | £289,000 - £373,000 |
| Hip And Pelvis Injuries | A significant hip or pelvis injury with minor permanent symptoms or disability | £35,000 - £52,000 |
| Knee Injuries | A significant knee injury causing ongoing pain, restricted movement or instability | £35,000 - £57,000 |
| Sexual And/Or Physical Abuse | Short-lived abuse with mild psychological impact and a very good prognosis | £13,000 - £27,000 |
To find out more about your compensation prospects, you can use our online compensation calculator or contact a care home negligence solicitor for a free consultation.
What is the time limit for making a care home fall claim?
Under the Limitation Act 1980, you generally have three years from the date of the fall (or from the date of knowledge of an injury) to start court proceedings.
However, if the claimant lacks mental capacity, which is often the case with some care home residents, the limitation period is usually suspended. This means a litigation friend can often initiate a claim on their behalf while they lack capacity, even if the accident occurred more than three years ago.
It is usually best to start the claim as soon as possible to ensure the evidence is not lost and that any details about the incident remain fresh.
How do I make a claim for a fall in a care home?
Making a claim for compensation is usually straightforward. The process involves gathering the correct evidence to establish how the care home failed in its duty of care and the harm suffered as a result.
The steps to take following a fall include:
- Seek medical attention – Even if an injury seems minor, make sure it is assessed by a GP or hospital. Keep copies of all medical records and write down ongoing symptoms or deterioration.
- Report the accident – Report the incident to the care home staff or management and ask for it to be logged in the accident book. A copy of the report will help prove what happened.
- Gather evidence – Useful evidence includes witness details, CCTV footage, care plans, risk assessments and photos of the accident scene and injuries.
- Seek legal advice – A specialist solicitor will assess whether the fall was due to substandard care and advise you on your chances of success.
- Negotiations or court proceedings – Most claims are settled through negotiations with the defendant. However, if liability is denied or the claim cannot be settled, your solicitor may prepare for a court trial.
How do you prove negligence and causation in a care home fall?
Proving a breach of duty and linking a fall to the care home’s negligence (causation) are often the most challenging aspects of a claim. The care home or its insurer may argue that:
- The resident was at high risk due to age, mobility issues or medical conditions.
- The fall was not reasonably foreseeable.
- The accident was unavoidable rather than caused by negligence.
To successfully link a fall to a breach of duty, you must be able to prove that the incident would not have occurred, or that the injuries would have been less severe, if proper care and safety measures had been in place. Key evidence may include:
- Care plans and fall risk assessments.
- Accident reports and records of similar incidents.
- Nursing notes and supervision logs.
- Medical evidence linking the fall to the injury.
- CCTV footage of the fall and witness statements.
- Inspection and maintenance records.
- Independent expert reports.
These can help prove that the fall was avoidable and happened because of a breach of duty. If you can’t prove this link, compensation is unlikely to be awarded.
Can I make a no win no fee care home negligence claim?
Yes. Most claims for falls in care homes are handled on a no win no fee basis. This means there are no upfront legal costs, and you don’t pay your solicitor’s fees if you lose the claim.
If your claim is successful, a success fee is deducted from your compensation award and paid to your solicitor. This allows care home residents and their families to pursue compensation without taking on any financial risk or paying any legal fees upfront.
If you or a loved one suffered a fall in a care home, call 0800 470 0472 today or request a call back to find out if you have a valid claim for compensation. You will receive a free case assessment with no obligation to proceed.
