Independent living
Do we need professional liability if we have no care license?
Yes, because coverage follows the allegation rather than the license. When a resident is found after a fall, the complaint will not confine itself to premises liability; it will allege that staff knew the resident was declining, that a wellness check was missed, that a call went unanswered.
Those are professional liability theories, and a program written for multifamily real estate has to answer them anyway. The presence or absence of a license changes what the state regulates, not what a plaintiff can plead.
The fix is a professional services definition that explicitly reaches the services you actually provide, so a wellness program is covered rather than argued about after the fact.
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More independent living questions
Does offering a wellness program create liability?
It creates an assumed duty. Once staff are checking on residents, there is a standard to meet and a record of whether you met it.
Is our emergency call system data discoverable?
Yes, and in a case about a resident found after a fall it is frequently the single most important document.
What covers resident transportation?
Auto liability, including hired and non-owned for staff driving personal vehicles. Transporting frail passengers turns an ordinary accident into a severe injury claim.
What changes if we add assisted living to the campus?
You acquire a licensure category, a different claim profile, and a transition exposure at the boundary between the two levels.
Is independent living priced like an apartment building?
Often it is placed that way, which is the problem. A program placed as multifamily typically has no adequate professional services grant.
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