Can a Nursing Home Be Liable for Resident-on-Resident Assault?

 Posted on October 19, 2025 in Nursing Home Abuse and Neglect

Violence between nursing home residents is one of the most overlooked types of abuse. Sadly, it happens more often than most families realize. One resident may hurt another through hitting, yelling, or even sexual assault. These attacks can cause serious injuries or emotional trauma.

Many of these incidents happen because of poor supervision, staff neglect, or bad placement decisions. When a nursing home fails to protect residents from harm that could have been prevented, it may be legally responsible under the Illinois Nursing Home Care Act (210 ILCS 45/). A Hyde Park, IL nursing home abuse attorney can explain how the law holds facilities accountable for this kind of abuse.

What Counts as Resident-on-Resident Violence in Illinois Nursing Homes?

Resident-on-resident violence happens when one nursing home resident hurts or threatens another. It can be physical, verbal, or sexual. This can happen when roommates fight over space, when dementia or medicine causes confusion or anger, or when residents are left alone without enough supervision.

Sometimes staff try to excuse these acts as "behavioral problems." But Illinois law says nursing homes must watch residents, keep them safe, and report any abuse — even if another resident caused it. Federal rules also require nursing homes to stop this kind of violence and make safety plans for residents who act aggressively.

When Can an Illinois Nursing Home Be Held Responsible for Resident-on-Resident Violence?

A nursing home may be legally responsible for peer violence if it:

• Knew or should have known that a resident had violent tendencies and did not take appropriate steps to keep other residents safe

• Ignored prior fights or failed to move or separate aggressive residents

• Was short-staffed or had no supervision during nights or weekends

• Did not train staff to handle aggression or calm residents down

• Mixed high-risk residents, such as those with dementia, with others who were physically weak or vulnerable

When staff or management overlook warning signs or skip proper care plans, they may be held liable for any injuries that occur.

What Should Illinois Families Do if Their Loved One Was Hurt by Another Resident in Their Nursing Home?

If your loved one is in danger, move them to a safe place or seek medical care right away. You can also file a complaint with the Illinois Department of Public Health or the Long-Term Care Ombudsman Program.

Families should gather as much evidence as possible, including photos of injuries, medical records, hospital bills, and the names or statements of anyone who witnessed the incident. Under the Illinois Nursing Home Care Act, families can file a lawsuit for negligence, emotional distress, or wrongful death.

A lawyer can help collect important documents, interview witnesses, and review care plans or staffing logs to show that the nursing home failed to protect your loved one.

Contact a Chicago, IL Nursing Home Neglect Lawyer

Resident-on-resident violence in nursing homes is not an accident. It is often the result of poor care and lack of supervision. When nursing homes ignore warning signs, they can and should be held accountable.

A Hyde Park, IL nursing home abuse attorney from Kadzai Law Group, LLC can help your family take action. Attorney Kadzai and his team are dedicated to protecting residents’ rights and seeking justice for victims. Call 312-229-0050 today to schedule a free consultation.