do we have to pay for damage caused?

annii1

Registered User
Jul 5, 2012
194
0
west sussex
Does dad have to pay for damage mum has done in emi carehome whilst trying to escape. Owner has said he needs to, but I thought insurance would cover, I assumed in an environment such as an emi setting it unfortunately is common place for unexpected behaviours from residents?
 

TinaT

Registered User
Sep 27, 2006
7,097
0
Costa Blanca Spain
My husband smashed a window but I was not asked to pay. It was a home run by the local authority so I do not know if a private care home would have charged.

Surely such care homes catering for dementia must accept that their staff have culpability After all they are paid to protect her and other residents and would be expected to have had training in calming down a resident in an agitated state.


xxTinaT
 

Sue J

Registered User
Dec 9, 2009
8,032
0
Does dad have to pay for damage mum has done in emi carehome whilst trying to escape. Owner has said he needs to, but I thought insurance would cover, I assumed in an environment such as an emi setting it unfortunately is common place for unexpected behaviours from residents?

This horrifies me as well as making me:mad: if they were doing their job she shouldn't have been able to cause the damage, yes these behaviours are difficult and in my opinion such homes should have appropriate insurance in place and if they don't then THEY should pay, not your poor Dad on Mum's behalf:(:mad:
 

ASH74

Registered User
May 18, 2014
294
0
Does dad have to pay for damage mum has done in emi carehome whilst trying to escape. Owner has said he needs to, but I thought insurance would cover, I assumed in an environment such as an emi setting it unfortunately is common place for unexpected behaviours from residents?

This is terrible.....do you have a social worker? I am sure they would have an opinion! If not do you have a contract with the home that specifies all damage will be paid for? By the very nature of being a EMI home the staff should have training, plus there should be enough of them to prevent this happening in the first place!


Sent from my iPad using Talking Point
 

garnuft

Registered User
Sep 7, 2012
6,585
0
Absolutely not. Even if they have a contract that says you should pay, it wouldn't stand up.
You could argue that their lack of care enabled the damage to occur and potential injuries to your Mum because of their lack of care.

Tell them that.
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
I've never heard of such a thing before. I would ask the home to highlight the clause in the contract your dad has signed (if indeed he has signed such a contract) that says he is liable for damage.

If there is no such clause then the home could potentially pursue your mum for their loss (good luck with that :rolleyes:) but your dad can't be held liable for what your mum does, without him having signed a contract to say he accepts liability for such damage.
 

ASH74

Registered User
May 18, 2014
294
0
Absolutely not. Even if they have a contract that says you should pay, it wouldn't stand up.
t.

If it is in your contract I would advise getting some advice, such as from CAB or AGE uk as they can give you a professional opinion as to the legality of any clause in your contract (if it exists). I hope your Mum is becoming more settled.


Sent from my iPad using Talking Point