Burns’s estate commenced a wrongful death action, alleging he had fallen several times and developed pressure ulcers as well as infections during his stay at Care One, and that he died because of the substandard care Care One provided. The trial court granted in part the estate’s motion for summary judgment. In this interlocutory appeal, the New Jersey Appellate Division considered whether inhabitants of an assisted living residence may assert a private cause of action for the facility’s alleged breach of their statutory bill of rights. The Court concluded that the Legislature did not intend to create a private cause of action despite having done so in similar circumstances.
