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Senior Woman Slips & Falls in Adult Day Care Center Bathroom

Lipkin & Higgins was contacted by the family of a 91 year old woman who slipped and fell in the bathroom of a Senior Adult Day Care Center, fracturing, that is, breaking, her hip. The woman had a medical history well known to the program including dementia, blindness and being a fall risk. The care plan developed by the program stated that she could not be left alone, even in the bathroom, as she had a tendency to wander if left unattended.

On the day in question a female attendant of the Day Care Center escorted 3 women to the bathroom. While assisting the other two women, our client was left alone, and fell while trying to toilet herself. Even at her advanced age, surgery was required, and occurred three days after her fall. Our client died of natural causes unrelated to this accident five months later.

Successful Resolution: $125,000

The case proceeded to mediation, and settled for $125,000. Our client was survived by 7 sons and daughters, each of whom received an equal share of settlement proceeds.