Endangering the Welfare of an Elderly or Disabled Individual
New Jersey law makes endangering the welfare of an elderly or disabled individual a serious offense. If the endangerment happened in a nursing home or long term care facility at the hands of staff members, other residents or visitors to the facility, the facility can be held responsible for failing to protect its residents from harm.
If you suspect the welfare of an elderly loved one has been endangered, it is best to immediately take action. In addition to reporting the situation to the appropriate authorities, you should also contact an experienced New Jersey elder abuse attorney to protect the civil rights of your loved one.
N.J.S.2C:24-7. Endangering the Welfare of an Incompetent Person
- A person is guilty of disorderly persons offense when he or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.
- A person is guilty of a crime of the fourth degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect when the actor knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of the person.
- A person is guilty of a crime of the third degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of a person who is unable to care for himself because of mental disease or defect and the actor abandons the person or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the person. For purposes of this section “abandon” means the willful desertion or forsaking of the person who is unable to care for himself because of mental disease or defect.
- A person is guilty of a crime of the second degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect and the actor causes the person harm that would make the person abused or neglected as those terms are defined in section 2 of P.L. 1993, c249 (c.52:27D-407).
- Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this state.
Recognizing Abusive Nursing Home Behavior
Nursing home abuse and assault is more prevalent than most people think. The reason for this is that more resident often cannot or will not report the abuse out of fear, embarrassment or the physical inability to do so. This makes it imperative for you to keep an eye out on your elderly loved one to help put an end to elder abuse. If you suspect any signs of elder abuse, you should take immediate action.
Call a New Jersey Elder Abuse Attorney Today!
The legal team at Beninato & Matrafajlo Attorneys at Law, LLC is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you suspect a loved one has become the victim of elder abuse, you need an experienced and caring legal advocate on your side. Our experienced New Jersey elder abuse attorneys are available to personally review your case. Call us at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
