Published on:

Resident At Assisted Living Facility Dies From Burns Suffered In Smoking Incident

Death caused by Smoking IncidentAnother smoking-related incident has claimed the life of a resident at an assisted living facility in Ft. Myers, FL.  According reports in The News-Press, the 79-year-old resident fell asleep while smoking resulting in his clothes getting lit on fire and causing serious second and third degree burns.  The man was airlifted to a regional medical center where he succumbed to his burns a week following the incident.

Police conducted an investigation into the incidnet and ruled the man’s death to be accidental.

Thoughts from a lawyer who prosecutes assisted living facility injuries:

Having represented a number of nursing home and assisted living patients who suffered serious burns in smoking incidents, I know that these cases tend to be more complicated than they would initially appear in terms of who– if anyone is indeed responsible for these horrific injuries.

In terms of evaluating these cases from a liability perspective, I tend to look at the following:

  • Where and how the smoking incident occurred
  • The physical and psychological capacities of the individual involved
  • Any prior smoking related incidents involving the individual
  • The facilities smoking policy and protocol

After looking at the above factors and consulting with an expert in the field of nursing home or assisted living care, we may then file a lawsuit against the facility for their negligence.  Unfortunately, given the significance of the injuries sustained in smoking accidents, the matter is usually filed by the residents family in the form of a wrongful death lawsuit against the respective facility.  Such lawsuits allow the family to recover both tangible and intangible benefits that their loved one bestowed upon them.

Client Reviews

  • Having worked in the medical field, I appreciated the way that Mr. Rosenfeld and his staff approached my family’s situation. The combination of medical knowledge and legal expertise was indeed the winning combination for our case.
  • While nothing can change the way our mother was treated at a nursing facility, I do feel a sense of vindication that the facility was forced to pay for their treatment. I am certain that they would never have done had my attorneys not held their feet to the fire.
  • I was very nervous about initiating a claim against my mother’s nursing facility, but Rosenfeld Injury Lawyers took care of everything from getting the medical records to going to court. I felt like I had real advocates on my side. That meant a lot to me.
  • After a horrific episode at a nursing home, my sister and I spoke to a number of law firms. No one took the time to answer our questions and explain the legal process like Mr. Rosenfeld. He did a tremendous job on our case and I can see why he’s earned the praise he has from clients and peers.
  • I liked the fact that I could call the office and ask questions about the legal process at anytime. I could tell that my case was in good hands. I think that this was reflected in my father’s settlement was more than I anticipated the case ever being worth.