Hernandez v. Jensen (March 17, 2021, B294449, B296958)
Defendant hired a health care provider to provide hospice care for her mother suffering from dementia. The agreement with the healthcare company provided that defendant would “provide a safe home environment in which care can be given.” However, there was evidence that defendant knew her father kept firearms in the house. One of the healthcare workers was injured when a loaded rifle in a closet accidentally discharged. The healthcare worker sued and the jury returned a verdict in her favor.
The defendant appealed and the Court of Appeal affirmed the judgment. The court held that defendant owed a duty of care to the healthcare provider because it was reasonably foreseeable that an accident could occur in a residence containing unsecured, loaded firearms. The court also held there was substantial evidence that defendant’s negligence in failing to remove the firearms from her parents’ home was a substantial factor in causing the harm.
