Legal Question in Civil Litigation in Pennsylvania
Am I Negliget
I am the director of Meals on wheels.On friday a volunteer delivered a meal but there was no answer at the door, in the past we have delivered meals and called the client to let them know the meal was on the door step. I called the client 3 times but got no answer, I then forgot to call the clients family due to a very busy schedule. On Monday they found my client dead, They think he died on Friday but I never called the family. He was an elderly gentleman. What recourse does the family have against me.
2 Answers from Attorneys
Re: Am I Negliget
I know what a wonderful service Meals on Wheels provides, but by my understanding, the organization delivers meals, provides some companionship, but doesn't undertake a duty to check on clients, or inform their families. Obviously, the gentleman passed away before your volunteer made the delivery, so the only harm is that the family didn't learn for a few days. Since evidently THEY didn't check on him, I don't think they have grounds to complain.
THAT SAID -- your organization's insurance is there to protect you from claims, whether or not they have any basis. So you should check with your org.'s attorney, if you have one. And if the family gives any indication that they are making a claim, report it to the insurance.
It's a sad situation, but
Re: Am I Negliget
No. In order for you to be negligent you have to have violated a duty. Neither you nor anyone in your organization had any duty to inform the police or anyone else that the elderly gentleman failed to answer the door. Even if there was a duty, your breach of duty would have to cause the loss. There is no way to establish that if you had informed anyone that he failed to answer the door, he would still be alive.
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