Our Michigan group home lawyers recently filed a wrongful death lawsuit for a family of a resident who died from a fall out of a transportation van. The case involves a 69 year old group home resident who had a medical history that cognitive dysfunction and polio, which limited the use of his legs. Due to polio, he required a wheelchair for ambulation and movement. He had a motorized wheelchair that he could control by himself. However, he often had difficulty safely operating the chair and on two occasions almost drove off the lift in the handicapped transportation van due to poor judgment.
On August 1, 2013, he was returning back to the group home from an outside activity. The caregiver parked the van and assisted other residents out of the vehicle. When it came time for the decedent, the caregiver unstrapped the motorized wheelchair and went outside of the van to lower the lift. The decedent then drove his wheelchair off the lift and fell to the ground with the wheelchair landing on his head. He was rushed to a Flint Hospital but later died due to the head trauma.
The Michigan wrongful death lawsuit alleges that the caregiver was negligent by not safely assisting the decedent out of the van, onto the lift, and onto the ground. He should not have unhooked the safety straps until everything was in place. He should have also obtained the assistance of a co-worker and disabled the motor function on the wheelchair to prevent this incident from happening. The wrongful death lawsuit seeks compensation for the pain and suffering endured by the group home resident before his death and the loss of society and companionship of the surviving family members, as well as medical expenses and funeral costs. The lawsuit was filed in the Genesee County Circuit Court in Flint, Michigan. No trial date has been set by the court.
For more information on negligence at group homes or to determine your or your loved one’s legal rights, call our top rated law firm today at (800) 606-1717. We will explain your rights to you and are happy to answer any questions that you may have.