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A family places someone in a facility precisely because that person can no longer be kept safe at home. The facility sells that safety, staffs for it, and charges for it. When a resident is sexually assaulted inside one, the facility’s own conduct is the case.
These claims are frequently stronger than families expect, for a reason that has nothing to do with sympathy: the defendant is a business with liability insurance, and the duty it owed was not general but specific and paid for.
The facility and its operator. Frequently distinct entities, sometimes with a separate property owner and a separate management company, each with its own policy.
The employer, for its own negligence. Where the assailant was a staff member, the claims are negligent hiring, negligent supervision and negligent retention. These are claims about what the employer did, not claims that the employer committed the assault, and that distinction matters because it is what puts the conduct inside ordinary liability coverage.
A staffing agency, where the person was placed by one.
The facility, where the assailant was another resident. A facility that knew a resident had a history of sexually aggressive behavior and did nothing about placement, supervision or separation is answering for its own choices.
Almost always, what the facility knew and when.
Personnel files and what the pre-hire background check showed. Prior complaints about the same employee, and what the facility did with each. Staffing records for the shift, because these incidents cluster on understaffed nights. Call light response logs. Prior incident reports involving the same resident-assailant. Care plans and whether the documented plan was followed. State survey and inspection findings, which are generated by regulators and exist independently of the facility. Internal correspondence.
Two facts recur in these cases and both are provable from records: the facility was short-staffed, and somebody had already complained about this person.
Many residents have dementia, aphasia or another condition that makes a clear account impossible, and families are often told the resident cannot say what happened so nothing can be done.
That is not the standard. These cases are frequently built from physical findings, medical records, behavioral changes documented by staff, roommate and visitor accounts, staffing and access records, and the facility’s own documentation. The absence of a narrative from the resident is a feature of the population the facility chose to serve, not a defense.
A resident who is the victim of a sexual offense is a crime victim, and the Texas Crime Victims’ Compensation program administered by the Attorney General applies. It covers counseling, medical care and relocation costs within its limits, without requiring an arrest, a charge or a conviction.
A civil claim arising from conduct violating the adult sexual assault provisions carries a five-year period under Section 16.0045(b) of the Civil Practice and Remedies Code, rather than the ordinary two years.
Where the resident died, an action for injury resulting in death carries two years from the date of death under Section 16.003(b), and Texas limits wrongful death recovery to the surviving spouse, children and parents.
Every statute and case linked above was read at its primary source. Texas statutes change every legislative session and case law is constantly changing.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney-client relationship.
Surveillance footage in common areas and corridors, commonly within thirty days and sometimes far less. Electronic access and call light logs. Staffing records for a single shift. The employee, who frequently resigns within days.
A preservation letter sent early is often the difference between proving how it happened and arguing about why nobody can tell.
Schiffer Law Firm represents residents and families in civil claims against nursing homes and assisted living facilities in Houston and across Texas.
There is no charge to talk, and no attorney’s fee unless there is a recovery.
Call 713-521-0059.
This page is general information about Texas law, not legal advice about your situation, and reading it does not create an attorney-client relationship.
Yes. These cases are usually proved with records, staffing patterns and physical findings rather than testimony alone.
The facility, its management company, and where an employee was the assailant, the employer directly for negligent hiring, supervision and retention.
Yes. The Texas Crime Victims Compensation program applies here too and does not require an arrest, a charge or a conviction.
Immediately. Staffing records, call light logs and video are on retention schedules, and a preservation letter costs nothing.
