Articles Posted in Premises Liability/Negligent Security

Published on:

Local News

Police have reportedly arrested a 30-year-old BNO Services caregiver accused of sexually assaulting a mentally disabled patient Friday, October 10, 2014.

According to the Columbus Ledger-Enquirer, a staff member witnessed a female BNO Services caregiver sexually assaulting a mentally disabled patient. Police were called after the caregiver was allegedly seen placing a disabled patient’s hand on her breast while inappropriately touching his inner thigh area.

The accused caregiver was reportedly responsible for transporting the 51-year-old male patient to doctors appointments. Per media reports, she apparently announced her intention was to “calm him down.”

The caregiver is now facing charges. Investigators have not revealed whether the alleged abuse has been ongoing or if any other patients have been victimized under her care.

Our Legal Take

The Murray Law Firm works tirelessly to protect victims of assisted living facility abuse and negligence. While the firm is relieved to learn the alleged assailant is in police custody, they are questioning whether another party may also hold responsibility in this unconscionable assault: BNO Services.

What screening procedures and criminal background checks were performed by BNO Services prior to the caregiver’s hire?  What medical training and certifications did the employee earn prior to her hire? Were these qualifications verified?

What additional professional training did BNO Services provide prior to allowing the employee to transport and care for their disabled patients? 

Do company policies allow employees unsupervised access to patients? What monitoring procedures were in place to protect patients and oversee care? Are surveillance cameras in place both inside facilities and vehicles? 

As the details of this sexual assault continue to emerge, the victim and his family may seek to hold the owner and management of BNO Services civilly liable. Under Georgia law, care providers have a duty to protect patients from any foreseeable harm. This duty is paramount when serving physically or mentally disabled residents who may not be able to protect themselves.

Should the owner and management of BNO Services have failed in their duty to protect the victim of this sexual assault, they may be held civilly liable for his injuries and suffering. Claims of this magnitude, potentially in the millions of dollars, will, most importantly, demand the BNO Services reevaluate security measures, including staff screening, training and access to patients. Perhaps, through such claims, many others may be spared such unconscionable abuse.

The victim and his family should retain an experienced premises liability firm without delay to ensure all evidence, such as surveillance footage, is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of assisted living facility abuse and negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

 

SAC EM Update

Published on:

Emeritus at Dunwoody, Sandy Springs

Emeritus at Dunwoody, Sandy Springs

Local News

A 73-year-old woman was reportedly sexually assaulted by a caregiver at the Emeritus at Dunwoody Senior Care Facility on Thursday, October 2, 2014.

According to the Sandy Springs Patch, an elderly woman was alleged to have been sexually assaulted by a caregiver while residing at the Emeritus at Dunwoody Senior Care Facility on South Johnson Ferry Road in Sandy Springs. It is unclear whether the purported caregiver was employed by the facility or hired privately for the victim.

Police have now reportedly arrested the caregiver in connection with the alleged assault.

Our Legal Take

The Murray Law Firm works tirelessly to protect victims of nursing home abuse and negligence. While the firm is relieved to learn the alleged assailant is in police custody, they are questioning whether another party may also hold responsibility in this unconscionable assault: Emeritus at Dunwoody Senior Care.

Was the assailant an employee of Emeritus at Dunwoody or an outside care provider? What screening procedure was performed by the employer prior to his hire? How frequently are criminal background checks performed on employees by the employer? 

Was the caregiver allowed access to the victim’s room without other staff members present? Where was Emeritus staff at the time of the assault? What screening procedures are in place to monitor and track employee access to resident rooms? How frequently are  wellness checks performed on residents?

As the details of this assault continue to emerge, the victim and her family may seek to hold the owner and management of Emeritus at Dunwoody civilly liable.  Additional claims may also be filed with any outside care providers involved, should their negligence or lack of screening procedures have contributed to this alleged assault. Under Georgia law, property owners have a duty to protect residents from any foreseeable harm. This duty is paramount when serving disabled or senior residents who may not be able to protect themselves.

Should the owner and management of Emeritus at Dunwoody have failed in their duty to protect the victim of this attack, they may be held civilly liable for her injuries and suffering. Claims of this magnitude, potentially in the millions of dollars, will, most importantly, demand the facility reevaluate security measures, including staff screening and access to resident rooms. Perhaps, through such claims, many others may be spared such unconscionable abuse.

The victim and her family should retain an experienced premises liability firm without delay to ensure all evidence, such as surveillance footage, is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of nursing home abuse and negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update

Published on:

Spotcrime Report of Crime in the Grant Park Neighborhood Sep. - Oct. 2014

Grant Park Neighborhood Crime Sep – Oct 2014 (Spotcrime)

Local News

A 23-year-old woman was reportedly beaten and sexually assaulted during a home invasion-robbery at her Atlanta apartment Thursday morning, October 9, 2014.

According to the Atlanta Crime Examiner, the assault occurred around 6:30am in an apartment near Park Avenue and Sydney Street, in the Grant Park neighborhood. The victim apparently awoke on her living room couch to an intruder coming out of her bedroom and slowly approaching a second bedroom. She reportedly attempted to call 911, but the intruder began punching and sexually assaulting her. Per media reports, he fled the scene with the victim’s cellphone, cash and credit cards.

The woman survived the attack and was transported to Grady Memorial Hospital. Police are still searching for the assailant and seeking the public’s assistance in identifying a police sketch of the suspect.

Our Legal Take

Advocates for sexual assault victim rights at The Murray Law Firm have now placed the apartment owner and management under intense scrutiny for their potential role in this horrific assault:

How did the intruder break-in to the apartment? What access-controls, such as security fences, window bars, deadbolt locks, and alarm systems, were in place at the time of the assault to protect residents and deter crime?

Crime reports of the Sydney Street at Park Avenue neighborhood, off Grant Park, reveal multiple burglaries, thefts, robberies, and assaults in the last month alone. Was the survivor notified of these crimes prior to her assault? What extraordinary safety precautions were implemented by the owner and management of the apartment home following the previous neighborhood crimes and how did these security measures fail?

As the details of this assault continue to develop, the survivor may be entitled to pursue civil action action against the apartment owner and manager. Under Georgia law, an apartment owner has a duty to keep residents safe from foreseeable harm.

Should an apartment owner have reason to anticipate criminal activity on its property through prior crime in the surrounding area, the owner and management must take extraordinary precautions to prevent such violence and protect residents and their guests. If the owner and manager fail in this duty, they may be held liable for all injuries suffered as a consequence.

Although pursuing legal action at such a time of hardship may seem of little importance, it is crucial the victim of this assault retain an experienced premises liability attorney without delay to ensure all evidence is preserved and her best interests are protected. A claim of this magnitude, potentially in the millions of dollars, will demand all local apartment owners finally make resident safety their first priority. Perhaps, through such legal claims, many other lives may be spared.

The Murray Law Firm works tirelessly to protect victims of sexual assault and apartment negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.