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We are looking at getting her buy-in fee of $210k plus interest for Breach and punitive damages for the reckless endangerment that was discovered after we obtained her Lifeline records and found that her personal Help button was not working during medical emergency.

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I don't understand. Is this button supplied by them? Or did she purchase it from a private company?

I ask because there is not much maintenance on these buttons. Mom would have to wear it 24/7. My Moms was motion censored and it would hit something in the shower and an operator would ask if anything was wrong. Mom thought it better not to wear it in the shower. I told her that was one of the reasons she had it. She would also wear it inside her top so it wouldn't hit anything.

The batteries (when Mom had one) lasted 2 years. Around that time, the company would automatically send a new one and u returned the old one in the box the new one came in. This all happened before the battery died. Mom or I could always push the button to see if the operator responded. Which she did. Because they are connected to a landline, though, if there is an outage then the button won't work.

So what kind of maintenance did they not perform? What emergency was it that caused you to pull Mom out?
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DownonTaylor 11 min ago
The Contract says specifically, Taylor provides and maintains the Lifeline. Her button was in Failed Supervision for 3 weeks prior and 2 more months after she had to Crawl out of her apartment. These warnings go directly to the program director at the facility and were ignored. They tested the base unit after the incident but Never addressed the PHB which wasn't communicating with the base unit. (FAILED SUPERVISION)
I've spoken in depth with LL Corporate and they informed me that Taylor had the whole building in dissarray.
This is nothing less than Reckless Endangerment
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Downton.... for this to be actionable there must not just be a breach, but also definable loss.

how much money did the lack of the emergency button cost her? You?

sorry to say, but if you lost nothing than you have no case.

take it to a lawyer. If the attorney will not take it on contingency you will know that you will not win.
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DownonTaylor 7 min ago
She didn't get what she paid for in the Contract. The sense of security she was sold on with the alert system was a fraud! The buy-in fee $210k is the loss plus interest $810k or investment in Tesla Stock =3.5 million pick one.
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Take this to an attorney.
A good rule of thumb is...if you cannot find a lawyer willing to take the case on contingency... that means the lawyer doesn’t think you have a winnable case. Any lawyer will take a case on a fee basis...no risk to the lawyer if you lose.
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DownonTaylor May 17, 2019
Yes I see that any lawyer will milk you out if money if you let them. This case is a clear cut Breach with reckless endangerment all over it. The Lifeline Records speak for themselves, they failed to Maintain her Lifeline therefore they breached the contract. It's in black and white. Any lawyer worth a crap could see this and the most important aspect is that the reckless endangerment is in play to go public and will be devastating to the facility. That is just the tip of the iceberg of the dangers that the residents are exposed to. Taylor Community is an accident waiting to happen.
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DownonTaylor, sorry your Mom and you went through this situation. Help buttons, medical alerts, cellphones, telephones, etc. can break down. I see from your profile that your Mom is now living with you, correct?

Sounds like your Mom had bought a house, duplex, or condo in that adult community. If your Mom had left the community, I would think the community would refund the buy-in fee minus a certain percentage. That is how it works in my area.

Emergencies happen in the best of homes. Even with private caregivers being in the home, or lots of family around. Elders can fall in an instant. Can have a medical emergency without any family knowing. Etc.

I do agree, that your Mom should get back the required buy-in fee [minus whatever is required] after she had moved out.
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