Contact Stebner, Gertler, & Guadagni for a free consultation. We will review the facility’s history and the specific circumstances of the elopement to determine the best legal path for your family.
You can seek compensation for medical treatments, pain and suffering, emotional distress, and in cases of extreme recklessness, punitive damages and attorney's fees.
The statute of limitations for elder abuse in California is generally two years from the date of the incident. However, you should act quickly to ensure that surveillance footage and staffing records are preserved.
Even if a unit is not "locked," they are still responsible for the safety of the residents they choose to admit. If they accept a resident with a known wandering risk, they must provide the level of supervision necessary to keep that person safe.
Yes. Any incident where a resident’s whereabouts are unknown or where they leave the property unsupervised must be reported to the licensing agency (CDSS or CDPH) immediately.
In California, the Elder Abuse Act allows for the recovery of damages for mental suffering. The terror of being lost and confused in an unfamiliar environment is a significant form of trauma that we hold facilities accountable for.
Yes. Facilities must have protocols to ensure that residents do not follow visitors out of the building (a behavior known as "tailgating"). It is the facility's responsibility, not the visitor's, to secure the exits.
These are electronic bracelets worn by at-risk residents. They are designed to trigger an alarm or lock a door if the resident gets too close to an exit. If these fail to work, the facility can be held liable for negligent maintenance.
Ensure they receive a full medical evaluation immediately. Dehydration, falls, and exposure can cause internal damage that isn't always visible. Once they are stable, document the incident and contact an Oakland wandering and elopement attorney.
In most cases, yes. Facilities that house residents with dementia have a duty to assess their risk for wandering and implement safety measures. If a resident is able to leave the facility unsupervised, it usually indicates a failure in staffing or security technology.
