Good nursing homes in New Mexico abide by a specific set of rules. These rules are similar to the regulations that dictate the conditions and behaviors of staff inside hospitals.
Unfortunately, we at Harvey & Foote Law Firm find that some housing facilities do not follow these guidelines. If there is a problem that leads to an injury, the company running the home could be liable for damages. The complicated part is sometimes determining whether or not your facility is a nursing home in the first place.
You might assume that the same nursing home laws direct every community development marketed to the over-55 age group, but that is not necessarily the case. In fact, you are likely to find many properties branded with terms like "active living" are, in essence, nothing more than traditional buildings. Regardless of the fact that these types of apartments have amenities that appeal to and provide service for a certain age group, you could not automatically conclude they are any type of assisted-living facility.
Senior housing news, a trade publication focusing on the building and management side of the industry, notes an emerging category of active adult communities. The article states that you are likely to see many examples of these types of properties in the coming years due to rapid development and relatively low-cost when compared to traditional independent-living facilities.
While there are certain sections of the law that could protect you or your loved ones when injured due to negligent actions on the part of a property owner, not all properties are the same. There are often significant differences in the way the courts handle accidents or abuse at nursing homes versus injuries at standard apartment buildings.
Choosing the right level of care in senior housing is important. During your planning, you could also take a moment to consider how you might handle an accident, should it occur. Please do not view this as any type of legal advice, it is only intended as general information.