For older adults, even minor burns can have serious consequences compared to the same type of injury in younger individuals. Nursing homes are legally obligated to take reasonable steps to prevent burns and other types of injury. If a facility breaches this duty of care and a resident suffers a burn as a result, the nursing home may be held liable.
Common causes of burn injuries include:
Burns from Hot Food and Drinks. Many nursing homes feature communal spaces where residents can enjoy hot beverages or meals, and some residents may even prepare hot food in their own rooms. Wherever hot items are handled, there is a risk of burns.
Burns in Baths and Showers. Another common source of burns is bathing. Residents may unintentionally pour overly hot bathwater or misuse a shower thermostat, leading to scalding injuries. To reduce this risk, facilities should install temperature limiters on hot water systems. There is no justification for allowing water temperatures to reach scalding levels.
Other sources of burn injuries include exposure to open flames, faulty electrical appliances, and hot surfaces like radiators.
When Do Burn Injuries Constitute Elder Abuse?
Nursing homes have a legal and ethical duty of care to protect residents from preventable harm, including injuries like burns. These obligations are guided by federal and state regulations.
In California, elder abuse crimes are covered by Penal Code Section 368. A Los Angeles elder abuse lawyer can help you determine when a burn injury may be grounds for a criminal or civil case.
Let’s look at the key responsibilities nursing homes have to their residents in relation to burn injury prevention.
Provide a Safe Environment
Nursing homes must maintain premises that are reasonably safe and free of hazards. This includes:
- Ensuring hot water systems do not exceed safe temperatures
- Regularly inspecting and maintaining electrical equipment
- Placing safeguards around radiators and heating elements
- Implementing fire safety protocols and smoke-free policies where appropriate
Assess and Monitor Individual Risk
Each resident should be assessed for their risk of injury, especially if they have cognitive impairments, mobility issues, or sensory deficits. Based on these assessments, staff should:
- Supervise high-risk individuals more closely
- Restrict unsupervised access to potentially dangerous appliances or hot surfaces
- Adapt care plans as conditions change
Ensure Proper Staff Training
Staff should be trained to:
- Handle hot food and beverages safely
- Assist residents with bathing and dressing, particularly when hot water is involved
- Recognize and respond to hazards promptly
Maintain and Use Safety Equipment
Facilities are expected to install and maintain safety mechanisms such as:
- Anti-scald devices on taps and showers
- Thermostatic mixing valves to regulate water temperature
- Smoke detectors and fire extinguishers
- Nursing homes are required to adhere to fire safety requirements, which include maintaining fire alarms, sprinkler systems, and emergency power sources to prevent fire-related injuries
Document and Respond to Incidents
If a burn or other injury occurs:
- It must be documented accurately, and in a timely fashion
- The incident should be investigated to determine the cause
- Corrective actions should be taken to prevent recurrence
Comply with Legal and Regulatory Standards
Nursing homes are subject to regulations under:
- The Federal Nursing Home Reform Act (OBRA 1987), which requires facilities to provide care that promotes the health and safety of residents
- State-specific health codes and licensing laws, which often include standards for water temperature, fire safety, and general injury prevention. The California Department of Public Health (CDPH) enforces state-specific regulations that mandate nursing homes to maintain a safe and functional environment, which includes measures to prevent burn injuries
If your loved one suffers a burn injury in a nursing home or assisted living facility, seek legal advice — there may be a civil or criminal recourse to help you hold the perpetrators accountable.
