Assisted Living ‘Bill Of Rights’ Claims Not On Table In NJ – Law360

Law360 (June 15, 2021, 8:54 PM EDT) — Residents of assisted living facilities cannot go after the businesses for alleged violations of their state’s “bill of rights” since New Jersey lawmakers did not sign off on such claims, according to a published appellate opinion Tuesday in a wrongful death action from a man’s estate.

A state appellate panel overturned a trial court’s Dec. 2 ruling that allowed James Burns’ estate to pursue a similar claim against a Care One facility, saying it refused to craft into the common law a private cause of action for violating the bill of rights when the state Legislature did not authorize that claim…

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