Senior Housing and Care

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Marketing Materials Can Bite You in Your ALF

May 15, 2007

In a recent lawsuit brought by the family of a deceased resident against an RCFE, the trial judge permitted the community's brochure to be introduced into evidence by the plaintiffs to demonstrate that the community had made promises that were not consistent with the services it delivered. The jury was allowed to consider representations made in marketing materials and to view those representations as contractual promises even though the admission agreement did not contain such representations. In effect, the judge's ruling made the brochure a part of the contract between the resident and the RCFE.

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Joel Goldman

415-995-5028 Direct Phone
415-995-3428 Fax

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