Santa Catarina court holds care home and manufacturer liable in elderly resident's death

The Court of Justice of Santa Catarina has upheld the joint liability of a geriatric care home and an equipment manufacturer following the death of an elderly resident in Chapecó. The victim, who was in a wheelchair, fell into an elevator shaft after the platform's door opened while the device was not aligned with the floor.

Technical evidence revealed safety flaws in the platform, specifically that the door could be opened even when the equipment was not at the correct level. However, the court also determined that the care home shared responsibility because an employee failed to verify the platform's position before approaching it with the resident. Additionally, the facility was using the platform without the required accessibility permit.

The elderly woman suffered severe injuries and died after approximately 15 days of hospitalization. The court has increased the moral damages compensation to be paid to the victim's family.