When California sober living homes only provide peer support, but no counseling or detox programs, they don’t require licensing from the Department of Healthcare Services (DHCS).
Sober living homes do have to meet certain city and county requirements. They can also earn voluntary certification from national groups to reassure residents and their families.
When a sober living home tries to offer services it’s not licensed for, and a resident is injured or killed, families can hold operators fully liable.
What Is a Sober Living Home?
A Sober living home is a home where several recovering Substance Use Disorder (SUD) patients live together. It’s supposed to be a drug- and alcohol free environment.
Roommates are usually other recovered patients who help hold each resident accountable and follow the house rules. These homes often have a house manager.
Residents often choose to live in sober living environments after getting out of rehab and before returning to live with their families. Residents, or their families, pay rent.
A sober-living home just offering peer support doesn’t have to be licensed by the DHCS.
However, when homes start to provide these services to residents, owners and operators need to seek licensing or face being shut down.
- Counseling or group therapy
- Detox services
- Offering structured “treatment” plans
The DHCS generally wouldn’t investigate what are commonly termed sober living homes. They don’t govern unlicensed rehab homes. However, if a sober living home started providing services only a licensed facility was permitted to provide, the DHCS could step in.
Who is Liable for an Injury or Death at a Sober Living Home?
Families may be told that a tragic Sober Living death isn’t anyone’s fault, but that’s not true.
The owners and operators of a sober living home can often be held liable for any harm that comes to a vulnerable patient.
These homes can be owned by one person or a massive corporation. And any owner or operator who shows negligence and allows a resident to get hurt could be held liable.
These are just a few of the types of owners that can bear blame for a sober living home accident:
- A landlord
- A single owner who owns and lives in the house
- A group of peers who have opened a home
- A company or corporation
- A real estate business
- An investment firm
- A non-profit organization (perhaps a church)
Accidents Leaving Sober Living Owners Liable
A sober living home owes its residents a legal “duty-of-care” and must do everything possible to help vulnerable residents avoid harm.
Some of these requirements are handled under California’s basic premises liability requirements. Other standards are often laid out in the home’s own code of conduct and contracts with residents. A sober living home can be liable under its own rules.
These are a few of the situations that can allow families to seek justice against a sober living home owner:
- A suicide that occurs while a resident is left alone
- A failure to enforce no-drug policies
- Allowing a resident to overdose
- A failure to respond with due care to an overdosing patient (e.g., calling 911, administering NARCAN)
- A premises liability accident such as a slip-and-fall on a stairway or a deck collapse (unsafe structure)
- A facility that provides services that peers aren’t qualified to offer
A California Sober Living Overdose attorney can help families secure evidence of these negligent acts and more. The businesses behind these homes will have lawyers ready to obscure the facts and try to place the blame on the victim. Strong evidence can keep the fault in the right place.
Frequently Asked Questions
How long do I have to file a claim over a sober living home death?
Families usually have up to two years to file a wrongful death claim. They should act as soon as possible, though. This helps in gathering fresh evidence before it disappears and contacting witnesses before they become hard to locate.
Can a sober living home be responsible for hiring a house manager with a criminal background?
Yes, facilities can be liable for this type of negligent care towards patients, especially after patients are allowed to suffer harm. House managers are paid (and often receive a discount on rent) for monitoring residents. House owners might be liable for negligent hiring and not performing adequate background checks or addressing a criminal background.
What type of support is available after an accident at a sober living home?
Surviving victims should receive help with all recovery costs, including their medical bills and their lost paychecks while down with injury. They can also seek support for their pain and emotional distress. Families who tragically lose a loved one at a sober living house can file a wrongful death claim. They should ask for support for funeral costs. A claim should provide support for the income a loved one may have supported the family with. Family members may also receive support for the care and guidance they’ve lost forever.
Contact Us if Your Loved One Was Hurt at a Sober Living Home.
Attorney Martin Gasparian offers a free, confidential consultation to victims and their families after injury or death at a California sober living home. We help families gain support even if an at-fault sober living business was shut down after an accident.
Call us today or fill out a free case review form.
There’s no obligation for this meeting. But remember, if you find you do need our help, you don’t have to worry about how you’ll pay a lawyer. We are only paid if your claim is successful. Then the attorney’s fee comes out of a settlement a facility must pay you.