Fall in a Nursing Home Lawsuit: Your NY Rights

Yes. If a nursing home’s negligence caused a resident to fall — such as failing to use bed rails, ignoring fall-risk assessments, or leaving wet floors unattended — the facility can be held liable. New York allows residents and their families to pursue a lawsuit for damages including medical costs, pain and suffering, and in serious cases, punitive damages.

New York Public Health Law §2801-d gives nursing home residents a private right of action when a facility deprives them of rights or benefits established by federal or state law, including the right to be free from neglect and to receive adequate care. This statute allows residents or their legal representatives to sue the nursing home directly and may entitle them to compensatory and punitive damages.

To succeed, you generally need to show that the nursing home owed the resident a duty of care, that the facility breached that duty through negligence (such as understaffing, inadequate supervision, or failure to follow a care plan), that the breach caused the fall, and that the fall resulted in actual harm. Medical records, incident reports, staffing logs, and expert testimony are typically key evidence in these cases.

Under New York law, the statute of limitations for nursing home negligence claims is generally two and a half years from the date of the injury or from the end of continuous treatment. If the case involves a wrongful death, the family typically has two years from the date of death. Acting promptly is critical because evidence and witness accounts can deteriorate quickly.