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.

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric