A Spartanburg assisted living facility faces a class-action lawsuit for abuse. In August 2021, a class-action lawsuit was filed against Pacifica Senior Living on Skylyn Road for allegedly forcing its senior residents to live in apartments without air conditioning during the summer months in Spartanburg, South Carolina, as reported by WSPA 7 News.
If you or a loved one resided or currently reside in Pacifica and suffered abuse or neglect while under the facility’s care, you might qualify to join the class-action lawsuit to hold the facility accountable. Alternatively, if you or a loved one experienced abuse or neglect in another South Carolina nursing home or assisted living facility, a lawyer from our firm can help you take legal action against the appropriate party.
Pacifica Residents Subjected to High Temperatures Despite Federal Regulations
Residents of the Spartanburg assisted living home complained about the facility failing to make maintenance repairs on the air conditioning system, among other management errors and incompetence.
Karen Ward discovered her parents’ living conditions, commenting in the report that her parents’ apartment “was 97 degrees in there” and that her parents felt like they were “close to passing out” because of the heat. She also expressed concerns for other residents who might not have children or legal guardians who check in on them and could remove them from their apartment if it got too hot.
The assisted living facility responded to the lawsuit and other allegations with a statement that read, “While it is not a policy of Pacifica to speak out amid (a) lawsuit (and) discuss ongoing litigation, we do look forward to proving the allegations made by the suit are factually incorrect and do not reflect what has actually occurred.”
Federal Regulations Mandate Safe Environment for Nursing Home Residents
Failing to repair an air conditioning unit at a nursing home can be considered a violation of federal regulations for maintaining safe living environments for residents. Per 42 CFR 483.15(h)(6), all nursing homes and assisted living facilities must maintain a temperature range between 71 and 81 degrees to ensure residents live in a comfortable and safe environment.
Facilities that fail to abide by these regulations put elderly residents at risk for heatstroke, heat exhaustion, and conditions related to prolonged exposure to high temperatures, according to the National Institute on Aging (NIA). These facilities can also be held liable for negligence should a resident suffer an injury or die.
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Our Law Firm Advocates for Victims of Abuse and Neglect in Nursing Homes
If you or a loved one lived in a nursing home or assisted living facility like Pacifica in South Carolina and experienced abuse or neglect, our personal injury attorneys want to help you build your case and hold the appropriate party or parties accountable for any injuries you suffered. Additionally, if you lost your loved one due to wrongful death, we want to serve as your advocate and seek reparations in civil court.
Our legal team helps clients build cases by:
- Identifying liable parties
- Investigating their cases to retrieve evidence, including witness testimony
- Filing their lawsuits within the statute of limitations, as written in S.C. Ann. § 15-3-530
- Responding to incoming messages from attorneys, insurance companies, court officials, and other inquiring parties
- Meeting with the defendant’s legal team to negotiate a potential settlement deal
- Bringing your case to court and presenting it before a jury if we cannot negotiate an agreement
We respect our elder residents in Spartanburg and other parts of South Carolina, as they are some of our most vulnerable residents. Our attorneys want to help victims take legal action against negligent facilities, caretakers, and related parties and have their injuries compensated.
What Qualifies As Nursing Home Abuse or Neglect?
In the Spartanburg assisted living facility class-action lawsuit, residents claim negligence occurred when the facility failed to repair the air conditioning unit to keep residents living in a safe environment. This failure could have led to residents suffering heat-related injuries.
However, the NIA lists other types of nursing home abuse and neglect:
- Physical abuse: Hitting, pushing, or slapping residents, causing bruises or other bodily injuries
- Emotional abuse: Examples include yelling or saying hurtful things to belittle residents
- Sexual abuse: Committing sexually inappropriate or harmful actions toward residents
- Financial abuse: Stealing money or personal property from residents, including through manipulation
- Neglect: Failing to fulfill tasks to keep residents safe and protected
- Abandonment: Leaving a resident unattended without a plan for who will care for them in your absence
Hammack Law Firm’s Nursing Home Abuse Lawyers are Ready to Serve You
If you or a loved one lived in the Spartanburg assisted living facility Pacifica, you might qualify to join the class-action lawsuit filed against the facility for abuse. If you would like to file an individual claim or lawsuit, a nursing home abuse lawyer at Hammack Law Firm can help you build a personal injury case and represent you during legal appearances and communications.