An asylum or institutional care facility has the obligation to exercise reasonable care toward patients and can be held liable for a breach of this duty of care. The care taken toward inmates should be in the light of their mental and physical condition.
Recovery for injuries precipitated by an institution's NEGLIGENCE can be barred or limited by the contributory negligence of the injured party. The defense of contributory negligence cannot, however, be used when an individual is physically or mentally incapable of self-care.
Law Library - American Law and Legal InformationFree Legal Encyclopedia: Approximation of laws to AutopsyAsylums - Establishment And Maintenance, Public Asylums Ownership And Status, Inmates, Patients, And Residents, Contracts For Care And Occupancy - Officers and Employees