What is the name of your state (only U.S. law)? PA
Not sure if this is the right forum or not.
No offense, but I had to laugh when I noticed that you begin your eight hundred and thirty second post to this forum, explaining how you're not sure if this is where to post your question.
An expensive digital camera was stolen from my grandmother's nursing home room while we were in the dining hall having Easter lunch. Is there any legal recourse from the nursing home facility
Have you reviewed the contract that was signed by your mother or her legal guardian when your mother was first admitted into this home? I have to believe that theft of personal property is mentioned. Probably under a heading similar to, "We assume no responsibility for:" yada, yada, yada.
(i.e. Can I force them to file a claim under their fidelity bond since the camera would have had to have been stolen by a staff member?)?
Since you know who stole the camera, I suggest you report them and their criminal activity to the police, as well as the management of the home, who should immediately terminate such an employee. Unless of course, you're simply speculating because you believe that no one other than a member of the staff could have gained access to the room. If that is the case, you have no case.
However, I would be very hesitant to allow my mother to be cared for in a home run by a staff of thieves, since the camera would hold far less value to me than my mothers well being. In fact, I would consider the camera a cheap price to pay for learning early on, that my mother wouldn't be safe in the home which would be responsible for her care.
I called security immediately and opened what they refer to as an "investigation." The facility has been less than helpful. Any suggestions? Thanks!
Yes, move mom from that den of thieves today!
Unless of course you're only pointing the finger at this staff because you believe it will result in the replacement of your camera.
But the bottom line is going to be what is written in the tenant contract. The one or two elderly living facilities I had dealings with, let everyone know that they weren't responsible for a tenants belongings and in fact tried to discourage their tenants from bringing expensive jewelry and other personal items with them because of the ease which an elderly person can misplace or forget where they left something. I believe this was more of a concern than theft, although not leaving expensive items unattended would solve that problem if there was such a thing.
When my grandmother was in one of these facilities, she was at the age where she couldn't remember where she left her teeth two minutes after she put them in her mouth. So common sense dictates that leaving expensive items unsecured in her room would have been a foolish thing to do.
What is it you have that proves it would have had to have been a member of the staff who took this camera?
I ask because if there is solid evidence, the contract would not get them off the hook. They would have to use a reasonable degree of care to ensure that tenants are safe from criminal activities. But this will take undeniable proof that a staff member is the perpetrator.
