Loss Amount:
$1,016,663
What Happened:
An elderly wheelchair bound resident was being transported for medical care by an employee of his assisted living community. The driver loaded the passenger in the wheelchair facing the rear van doors. Only the back wheels where secured.
The passenger was not harnessed into his wheelchair.
When the van had to make a hard stop in traffic, the passenger was propelled over the top of his wheelchair striking his head and upper body on the top of the van.
He settled on the top of the wheelchair suspended almost upside down. The passenger later died as a result of head injuries and other complications.
Upon investigation it was found the driver did not have any training on how to load and secure passengers before transporting. Additionally, the defendant did not have any training materials or a program in place to train new and existing employees on the importance of proper passenger restraint.
There was a guide on how to use the van loading devices but not even one employee knew it was in the glove box of the van.
Lessons Learned:
Had the driver received training upon hire or at a minimum, before he was allowed to transport passengers, the story may have been much different.
It is recommended that five-point safety harnesses be utilized to secure residents to the wheelchair.
The wheelchair should be securely fastened to the van at all four corners.
