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Assisted Living Litigation: Common Claims, Defenses, Arbitration, and Damages Assessment

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 28, 2023

Recorded event now available

or call 1-800-926-7926

The CLE webinar will guide medical malpractice and personal injury attorneys through bringing or defending lawsuits against assisted living facilities (ALFs) arising from residents' injuries. The panel will discuss how these cases and claims differ from lawsuits against traditional nursing homes (a/k/a skilled nursing facilities) and the applicability of FHA, ADA, and consumer fraud statutes that may apply. The panel will also discuss the growing trend of mandatory arbitration.


Abuse and neglect cases against ALFs are on the rise and differ significantly from abuse and neglect cases against nursing homes.

Much litigation arises from "aging in place" and memory care programs and policies that are attractive to operators, residents, and their families. These types of programs can lead to residents having a higher or increasing level of acuity, disability, and health needs than the ALF is equipped or authorized to address. Claims for theft or failure to supervise or manage staff are frequently made.

Whereas nursing homes are highly regulated at both the federal and state level, assisted living facilities are not, although most states do limit who can be admitted into an ALF. But the type of regulations in place and how robustly they are enforced vary.

What services are offered and the standard of care for those services are often questions of community standards or the ALF contract. Corporate structures and management agreements among various affiliated companies can add an additional layer of complexity in determining who makes decisions and controls the process.

Listen as our authoritative panel of practitioners provides an overview of common types of injuries, discusses various types of claims, and equips counsel to bring or defend claims against ALFs.



  1. Regulation and standards of care
  2. Mandatory arbitration
  3. Claims and theories of liability
  4. Defenses
  5. Experts
  6. Damages


The panel will review these and other key issues:

  • What exactly is an ALF and is there a legal definition?
  • Are the issues that serve as the basis for actions against ALFs the same as those against the more traditional skilled nursing facilities?
  • What is driving claims against ALFs?
  • What situations lead to lawsuits against ALFs?
  • What types of damages are allowed and who can bring suit?


Hart, Elizabeth
Elizabeth A. (Liz) Hart

Founding Partner
Hailey | Hart

Ms. Hart is a founding partner of Hailey | Hart and specializes in catastrophic personal injury, wrongful death, and...  |  Read More

Koffman, Nora
Nora A. Koffman

Baker, Donelson, Bearman, Caldwell & Berkowitz

Ms. Koffman concentrates her practice in civil litigation across many areas including labor and employment, appellate,...  |  Read More

Morris, Parke
Parke Morris

Parke Morris

With over $45 million in settlements and verdicts since 2003, Mr. Morris has handled a number of high-profile...  |  Read More

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