Legal Question in Elder Law in California

Negligence / Death / Sr. Housing Facility

Hi,

My mom (63) lived alone in a low-income senior housing facility. In 7/07, my sister received a call from the manager asking if she had a key to my mom's apartment. My sister left a voicemail explaining that she did not, and asked for clarification on the call. The manager did not return this or any other calls.

After not hearing back from the building manager for two days, my sister visited my mom's apartment. She found her car in her space, newspapers piled up at her door, and heard her dog inside (obvious signs that something was wrong). She met with neighbors who had reported a possible problem to the mgr earlier in the week. The maintenance man told her that they'd tried to enter the apartment but were unsuccessful (they lost their own key). The mgr failed to inform us of any of this or return our calls. Instead, the onsite manager left town for the weekend.

The police broke down the door and, sadly, found our mother's decomposed body. Evidence suggests that she had been dead for at least 4 days. The coroner advised that viewing our mother would have long lasting psychological damage, so we laid her to rest sight unseen.

What can we do to hold mgr responsible for her negligence?

Thank you.


Asked on 3/18/08, 4:45 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Negligence / Death / Sr. Housing Facility

what was the cause of death? if she died from a sudden heart attack, the manager would not be liable for wrongful death.

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Answered on 3/19/08, 12:28 am
Terry A. Nelson Nelson & Lawless

Re: Negligence / Death / Sr. Housing Facility

A lawsuit. A claim and complaint to the state agencies involved. A complaint to the police.

You certainly want to investigate making a claim [lawsuit] for negligence and wrongful death. You're going to need witness testimony and other evidence preserved, such as security tapes, phone records, logs, reports, etc., before people 'forget' things after talking to the company reps. Do not delay in obtaining an attorney to consult with; you need to take action quickly.

Feel free to contact me if serious about taking legal action on this.

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Answered on 3/18/08, 5:33 pm


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