Assisted Living Facilities

Consumer's Guide 

LIABILITY WAIVERS 
A "waiver" of liability is a contractual clause which seeks to avoid the possibility of damages if a loss occurs to the resident. That is, you "waive" (give up) your right to hold the facility liable. A liability waiver says "If a problem comes up, you agree that the facility is not going to pay for it." 

Personal Property. A common practice in most nursing centers and assisted living facilities is the limitation on liability for the resident's personal property. A paragraph in the contract will say something like: "This facility shall have no responsibility for lost, stolen, or damaged personal property, unless caused by the willful acts or negligence of this facility or its staff." Resident's must usually accept responsibility for their own property, or obtain their own renter's insurance. 

Personal Injury. It is a different matter when an assisted living facility attempts to include a waiver of liability for personal injury. That is, the contract will include language meaning "If you or your guest gets injured in the facility, and the facility did not cause the injury, the facility will not pay for medical bills or for other damages." But can a facility that is promising personal care in an environment they've created truly limit liability if an injury occurs? That is an open legal question and facilities have been sued for personal injury for not properly foreseeing a danger in the facility. You should question any clause that limit's liability. 

A primary purpose in choosing an assisted living facility is to avoid the risks and dangers of living independently when one becomes frail or disabled. Waiving the right to hold the facility liable if the services turn out to be inadequate defeats the purpose of entering the facility. As a resident of an assisted living facility, you should contract for as many assisted living services as you require to provide safely for all your needs. 



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