The Provincial Court of Murcia has denied an appeal filed by the nursing home’s owner against a Cartagena First Instance Court decision ordering it to pay €52,600 to the two children of a patient who died after falling down some stairs.
The Court’s decision supports the court’s conclusion that the residence lacked the required preventive measures to prevent events like the one that occurred.
He further claims that the nursing home’s administrators should have known that the user had physical and mental impairments that necessitated considerable supervision and care.
The verdict also indicates that there was no employee at the nursing home where the tragedy occurred, thus another user must have raised the alert.
In its appeal, the commercial lawsuit claimed that it followed current requirements and that if a protective barrier was put on the flight of steps where the fall occurred after the occurrence, it was done at the children’s request, not because it was legally required.
The judgement concludes that the defendant’s negligence contributed to the resident’s fall and subsequent death.
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