Nursing Home Neglect 

Nursing Home & Elder Abuse in Arizona

What Is Elder Abuse?

Under Arizona law, elder abuse laws are designed to protect vulnerable adults from harm, neglect, and exploitation. Arizona Revised Statutes § 13-3623 defines the crime of elder abuse and outlines both criminal and civil liability for those who harm elderly or vulnerable adults.

A “vulnerable adult” includes any individual 18 or older who cannot protect themselves from abuse, neglect, or exploitation due to physical or mental impairment. Abuse can occur in many settings—including nursing homes, assisted living facilities, and private residences.

Examples of elder abuse include:

• Physical abuse (hitting, pushing, overmedicating)

• Emotional abuse and humiliation

• Financial exploitation

• Neglect (failure to provide adequate care or supervision)
  
  

Under this statute, a person can be guilty of elder abuse if they:

1. Cause physical injury to a vulnerable adult,

2. Allow a vulnerable adult to be injured, or

3. Place a vulnerable adult in a situation that endangers their health or well-being.
   
   

Civil Liability & Adult Protective Services Act (APSA)

Civil Remedies

In addition to criminal charges, Arizona’s Adult Protective Services Act allows victims or their families to file civil lawsuits against caregivers and facilities that abuse or neglect vulnerable adults. These civil claims can recover:

• Medical expenses,

• Pain and suffering,

• Lost quality of life,

• Emotional distress,

• Punitive damages in severe cases.
  
  

APSA also defines mandatory reporting obligations for health care providers, social workers, law enforcement, and others who have responsibility for the care of a vulnerable adult. Failure to report suspected abuse or neglect may result in legal consequences.

Adult Protective Services & Central Registry

Arizona law requires certain professionals to report suspected abuse, neglect, or exploitation immediately to Adult Protective Services (APS). Reports can be made to law enforcement or through the APS hotline. Reports made in good faith are protected from civil or criminal liability.

The state also maintains an elder abuse central registry, which tracks reports and actions taken against caregivers or facilities found responsible for abuse.

Nursing Home Neglect and Slip & Fall Injuries

Duty of Care in Nursing Homes

Nursing homes and long-term care facilities in Arizona owe residents a high standard of care. This duty includes providing:

• Adequate supervision,

• Assistance with mobility,

• Safe environments free from hazards,

• Proper medical care and monitoring,

• Training and supervision of staff.
  
  

When a facility fails to meet these duties, it can be held civilly liable for injuries and damages under APSA and other personal injury law principles.

Slip and Fall Injuries

Falls are one of the most common and serious injuries suffered by nursing home residents. When a resident slips or falls due to unsafe conditions or negligent care—such as poor supervision, wet floors, uneven surfaces, inadequate lighting, or failure to assist high-risk residents—the facility may be liable if it breached its duty of care.

To hold a nursing home accountable for a slip and fall injury in Arizona, a claimant typically must show that:

1. The facility owed a duty of care to the resident.

2. The facility breached that duty by failing to reasonably prevent known hazards or risks.

3. The breach caused the resident’s injury.

4. The injured resident suffered actual damages as a result.
   
   

This is rooted in traditional premises liability and negligence law, which Arizona courts apply to slip and fall cases.

Evidence & Claims

In elder abuse and nursing home fall claims, strong evidence is critical and may include:

• Incident and medical records,

• Staffing logs and maintenance reports,

• Witness statements from visitors or staff,

• Photographs of hazards or injuries,

• Expert testimony on appropriate standards of care.

Statutes of Limitations

Under Arizona law, the general statute of limitations for filing a personal injury claim—such as an injury from a nursing home slip and fall—is two years from the date of injury or discovery. If abuse or neglect contributed to a resident’s death, a wrongful death claim must generally be filed within two years of the date of death.

Why Legal Representation Matters

Elder abuse and nursing home neglect cases often involve complex medical issues, regulatory standards, and evidence. An experienced personal injury attorney can:

• Investigate and preserve critical evidence,

• Coordinate with medical and care experts,

• Evaluate all legal avenues for compensation,

• Pursue civil claims under APSA and related laws,

• Help families navigate reporting to APS and regulatory bodies.

At Budge Law Firm, we will look into your case and tell you if you are entitled to compensation for your injuries.  

Please contact us today at 480-246-8050.