Who Is Liable When a Nursing Home Resident Falls?

 Posted on September 30, 2026 in Nursing Home Abuse & Neglect

Liability for a nursing home fall depends on whether the fall was preventable and who failed to prevent it. Most often, that is the facility itself, but other people may also be responsible. Families rarely have the information needed to sort this out on their own, because the information that they need belongs to the facility, which doesn’t want to give it up.

If your parent or grandparent was hurt in a nursing home in 2026, a Prince George's County nursing home neglect lawyer can help you get the information you need to find out who was responsible. At Kisner Law, our firm is available 24 hours a day, and we will come to you, including overnight, if that is what your family needs.

Who Can Be Held Responsible for a Nursing Home Resident’s Fall?

The nursing home may be responsible for a resident’s fall if staff knew or should have known that the resident faced a fall risk. The facility may be liable if staff then failed to take reasonable steps to prevent the fall. That can include failing to follow a care plan, provide required supervision, or use safety equipment.

Depending on what caused the fall, other people or companies may also share responsibility. Possible parties include:

• The corporate owner or management company that set staffing budgets

• A staffing agency that supplied an aide who was unqualified or never properly vetted

• A physician or nurse practitioner who prescribed a sedating medication without adjusting the fall plan

• A physical or occupational therapy contractor working with the resident at the time

• The manufacturer of a defective bed rail, wheelchair, lift, or alarm

• A maintenance or housekeeping contractor who left a hazard in place

Many nursing homes work with several different companies. One company may own the building, while others hold the license, manage the facility, or hire the staff. Identifying the right defendants usually requires careful research, and your attorney can help.

What Duties Does a Maryland Nursing Home Owe Its Residents?

Under COMAR 10.07.09.08, a nursing facility must provide care in a way that maintains or enhances each resident’s dignity and respect. Residents also have the right to reasonable accommodations for their individual needs and preferences.

Federal rules add a specific requirement for accidents. Facilities participating in Medicare and Medicaid must keep the resident environment as free of accident hazards as possible and provide each resident with adequate supervision and assistance devices to prevent accidents.

In practice, that means assessing fall risk at admission and again after any change in condition, writing a care plan that matches the risk, and then actually following it. 

What Should a Family Do After a Loved One Falls in a Nursing Home?

After a loved one falls in a nursing home, the first thing you should do is ask the nursing home for your loved one’s medical records. They should include fall risk assessments, care plans, nursing notes, and records about the fall. If possible, photograph the room, bed, call button, floor, and any condition that may have contributed to the accident.

Write down the names of staff members who were working at the time and anything your loved one or witnesses said about what happened. You can also file a complaint with the Maryland Office of Health Care Quality or contact your county’s Long-Term Care Ombudsman, which helps residents and families address concerns about nursing home care.

Do not sign documents about the fall or give up any legal rights until you understand what the documents say. Contact an experienced attorney quickly to ensure you have someone protecting your rights and the rights of your loved one.

Schedule a Free Consultation With Our Hyattsville, MD Nursing Home Neglect Attorney

Attorney Jason Kisner brings more than 10 years of legal experience to nursing home injury and neglect cases. He knows the tactics insurers use to delay, minimize, and deny claims. He’s intensely focused on results and on the client experience, because families in this situation deserve to feel informed, respected, and heard. He has also built strong relationships with local judges and insurance carriers and uses them to keep cases moving.

Contact Kisner Law at 240-459-0097 to talk to our Prince George's County personal injury lawyer today.

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