Mental health facilities should have security measures in place to prevent patients from escaping, particularly if they could endanger themselves or others.
When patients escape from mental health facilities, like Rebound Behavioral Health in South Carolina, and injure themselves or others, the facility could be liable. Patients involuntarily committed or with violent pasts might be more likely to escape, and facilities should take the appropriate measures to prevent that and protect patients and their neighbors. Failing to implement adequate security, like alarm systems, gates, and surveillance cameras, could increase the risk of an escape and an avoidable accident. To hold mental health facilities liable for such accidents, victims must show that a facility owed them a duty of care and subsequently breached it, ultimately causing their injuries and damages.
For a free case assessment from our South Carolina personal injury lawyers, call Rice, Murtha & Psoras now at (803) 219-4906.
Patients Keep Escaping from a South Carolina Mental Facility, and its Neighbors Are Concerned
At least five times between August 2023 and April 2024, patients escaped from Rebound Behavioral Health in Lancaster County, South Carolina, a treatment center for people dealing with mental health disorders, addiction, and other issues.
Most of these patients were admitted involuntarily, some with violent histories, raising concerns among neighbors in the area. In addition to the repeated escapes, neighbors have an issue with the lack of communication from Rebound Behavioral Health in alerting authorities and others in the area about an escaped patient and the potential dangers they pose.
The escapes seem to boil down to inadequate security measures, as seen by the fact that a broken gate surrounding the property has gone unfixed despite numerous requests from neighbors to repair it for their safety and the patients’.
The area surrounding Rebound Behavioral Health is relatively dense with trees, which presents hazards for patients who escape, particularly in times of poor weather or at night. Because many patients involuntarily committed might also be in a serious mental health crisis, there is the risk of injury to those who reside in the area and might come into contact with escaped patients, who might be frightened themselves.
Furthermore, Route 521, a major highway, is one of the closest roads to the facility, increasing the risk of incidents if patients escape Rebound Behavioral Health. Patients might attempt to cross roads when fleeing, causing collisions between vehicles as they attempt to avoid them.
Despite growing frustrations from neighbors over the past year, who keep voicing those frustrations, patients continue to escape from this South Carolina mental health facility, and little seems to have been done to address the problem.
Who is Liable for Accidents Involving Escaped Patients from Mental Health Facilities?
If a patient were to harm themselves or someone else after escaping from a facility like Rebound Behavioral Health, the facility itself could be liable for the resulting damages, particularly if the patient escaped because of inadequate security measures or staff negligence.
Mental health facilities owe a duty of care to their patients to keep them safe and offer the appropriate treatment. Failing to have the necessary security, including additional staff, surveillance systems, alarms, and gates, like the one Rebound Behavioral Health has yet to fix, could enable patients to escape more easily and injure themselves or someone else.
In addition to taking steps to prevent patients from escaping, mental health facilities should report escapes to law enforcement, particularly if patients pose a danger to themselves or others. Patients running from mental institutions might be disoriented, confused, or frightened, increasing the risk of contentious interactions. Though police reports indicate that Rebound Behavioral Health involved local law enforcement after patients escaped from the facility, neighboring homeowners were not immediately told of escapees and the potential danger they faced because of the situation.
When patients escape because of negligence, the facility can be held liable for damages incurred by the patient or another individual.
How to File Negligence Claims Against Mental Facilities After Patients Escape
A patient who escapes from a mental facility because of the staff’s negligence or failure to uphold their duty of care may cause or incur damages. Anyone seeking compensation against negligent facilities in these situations must appreciate the filing deadline and burden of proof.
The filing deadline for negligence and injury lawsuits in South Carolina is typically three years, according to S.C. Code Ann. § 15-3-530. Not initiating an action before that time would bar victims from recovery, even if there is ample evidence of the facility’s negligence.
It is the plaintiff’s burden to meet the standard of proof, which involves proving the defendant owed them a duty of care and breached it, causing their injuries and damages. Mental facilities owe their patients a duty of care, but does this extend to their neighbors and others in the community, entitling them to file a lawsuit if an escaped patient injures them? Because mental health facilities like Rebound Behavioral Health house and treat many individuals who are committed against their will or have violent histories, they have a responsibility to do so appropriately without endangering their neighbors or ignoring inadequate security measures currently in place.
To prove a breach of duty, plaintiffs must identify the negligent act, like failure to secure locks or promptly alert law enforcement of an escaped patient. Victims must then prove that they would not have sustained their injuries had the patient not escaped due to the facility’s negligence and submit proof of damages from their injuries.
Call Our Injury Attorneys in South Carolina for Help Today
For a free and confidential review of your case from our South Carolina personal injury lawyers, call Rice, Murtha & Psoras today at (803) 219-4906.