Our Michigan assisted living injury attorneys recently filed a wrongful death lawsuit against The Fountains At Franklin located Southfield, Michigan. The facility which is operated and managed by Watermark Retirement Communities. The wrongful death lawsuit was filed in the Oakland County Circuit Court in Pontiac, Michigan.
The lawsuit seeks damages for the wrongful death of a 90 year old resident. She suffered from dementia and was placed in the memory care unit at The Fountains At Franklin based upon the recommendation of the facility. The assisted living facility promoted that unit as a safe unit for residents with dementia and promised to have adequate staffing and supervision. The lawsuit alleges that the facility failed to provide a safe environment and this resulted in the death of the resident.
The incident occurred on December 1, 2012 in the early evening when resident was unsupervised and entered into the kitchen area of the memory care unit. She was able to gain entry into a kitchen cabinet beneath a sink and drank from an open container of a caustic dishwashing detergent. The resident was found by staff members after she had ingested the toxic substance. She had significant chemical burns to her face, mouth, and tongue and was rushed by EMS personnel to a local hospital emergency department. She was admitted to the hospital. The hospital physicians noted that she suffered serious burns to her mouth, throat, esophagus, and stomach due to the dishwashing agent. The physicians determined that she was not a candidate for surgery based upon her age and condition. She passed away after a short period of hospitalization. The Oakland County Medical Examiner determined that the death was caused by the toxic dishwasher detergent.
The lawsuit alleges that the facility failed to properly lock or secure that cabinet to prevent residents, including the decedent, from gaining access to a dangerous and toxic substance. The assisted living facility intends to defend the case by arguing that the 90 year old resident pried open the locked cabinet with her arthritic hands. There were no tools or instruments in the area for her to use to open an allegedly locked cabinet.
The lawsuit seeks all damages permissible under the Michigan Wrongful Death Statute. These damages include compensation for her pain and suffering from the time of injury until her death, the loss of society and companionship suffered by her family due to her loss, and payment of funeral and burial expenses. The lawsuit also seeks damages under the Michigan Consumer Protection Act for false representations made to the family about the safety of the facility and this Act provides for payment of attorney’s fees. No trial date has been set by the court.
An assisted living facility is required to provide a staffing ratio between the care providers to properly supervise residents within the facility, whether it be in their rooms, bathrooms, the dining area, and other common areas. When a resident is injured or dies due to poor or no supervision, it can give rise to a lawsuit against the home.
If a loved one was injured in a Michigan assisted living facility or nursing home, call our office now at (800) 606-1717 to speak with one of our assisted living injury attorneys. We will start working on your case immediately and gather the necessary evidence to prove and win your case. Our Buckfire & Buckfire, P.C. attorneys will also get you the real answers to what happened and how it happened. Call now for your free consultation! We offer a No Win, No Fee Promise, which means no legal fees or costs until we win or settle your case.