Can I sue after suffering a fall in a California nursing home?

Asked in San Diego, CA Last answered on October 26, 2026

1 answer

Ed Dudensing
Answered by:

Ed Dudensing

Sacramento, CA
Dudensing Law 866-360-3786
Virtual Appointments
Answer

Often, yes. Not every fall is a long-term care facility's fault, but many are predictable and preventable. Failing to protect a resident from health and safety hazards is neglect under California's Elder Abuse Act. Common warning signs include no fall-risk assessment, unanswered call lights, short staffing, and a care plan that was never updated after a prior fall. If the resident has died, family members may be able to pursue claims, and wrongful death claims generally carry a two-year deadline. Ask for the incident report and care plan, photograph injuries, and speak with an attorney early. 

October 26, 2026

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