How the Elderly Are Disproportionately Affected During Heat Waves

LOS ANGELES, CA — A National Weather Service Heat Advisory takes effect Tuesday, July 7, across the Santa Clarita Valley, the West and East San Fernando Valley, the Santa Susana Mountains and the western San Gabriel Mountains along the Highway 14 corridor, running through Friday, July 10, as inland Los Angeles County temperatures climb toward triple digits. 

The Los Angeles County Department of Public Health is urging residents to take precautions against heat exhaustion, heat stroke and heat cramps as the advisory takes hold, with older adults identified as among those facing the greatest danger.

Dr. Muntu Davis, the county’s health officer, said heat causes more deaths nationally each year than floods, storms and lightning combined, and that older adults, along with young children, outdoor workers, athletes and people with chronic medical conditions, are among those most likely to become ill during periods of extreme heat. 

County officials are directing residents to call 211 or visit local cooling centers for relief and are asking the public to check on elderly neighbors, friends and family members who lack air conditioning during the advisory period.

Why Older Adults Face Greater Risk During Heat Waves

People 65 and older face heightened danger during hot weather for physiological reasons that intensify as temperatures rise. According to the U.S. Centers for Disease Control and Prevention, older adults do not adjust as well as younger people to sudden temperature changes, are more likely to have chronic conditions that alter the body’s normal heat response, and more often take prescription medications that interfere with the body’s ability to regulate temperature or sweat. 

The California Department of Public Health notes that people over 65 sweat less than younger adults, undermining one of the body’s primary cooling mechanisms, and store body fat differently in ways that further complicate heat regulation.

California has direct experience with the consequences of extreme heat on its older residents. Coroners attributed 140 deaths to hyperthermia during a 17-day heat wave across the state in July 2006, and state health researchers who later reviewed vital statistics data estimated the true toll may have been considerably higher. 

The state’s Office of Environmental Health Hazard Assessment has since identified 2006 as the deadliest year on record for heat-related mortality in California and continues to identify older adults, along with low-income and socially isolated residents, as facing the greatest ongoing risk during extreme heat events. 

That risk extends to residents of nursing homes and assisted living facilities, where dependence on staff and building systems to maintain a safe indoor temperature can leave residents with little ability to protect themselves if cooling fails or adequate precautions are not taken.

California Civil Liability for Heat-Related Harm

California law imposes a duty on property owners, employers and caregivers to exercise ordinary care to avoid causing foreseeable injury to others, under Civil Code Section 1714. That duty can extend to protecting vulnerable tenants, employees and residents from foreseeable harm posed by extreme heat when adequate cooling or hydration is not provided.

For nursing homes, assisted living facilities and in-home caregivers, a more specific standard applies. California’s Elder Abuse and Dependent Adult Civil Protection Act defines neglect, under Welfare and Institutions Code Section 15610.57, to include the failure to protect an elder from health and safety hazards and the failure to prevent dehydration, provisions directly relevant to a facility’s obligation to maintain safe indoor temperatures and adequate fluid intake during a heat advisory. 

When neglect is proven along with recklessness, oppression, fraud or malice, the act allows recovery of attorney’s fees and removes certain limitations on damages that would otherwise apply in an ordinary negligence claim. J&Y Law’s elder abuse and nursing home neglect practice groups, detailed at jnylaw.com, address these claims specifically.

If a resident dies as a result of heat-related neglect, surviving family members may also pursue a wrongful death claim under Code of Civil Procedure Sections 377.60 and 377.61. Claims against a private facility or caregiver generally must be filed within two years under Code of Civil Procedure Section 335.1. If a public entity, such as a county-run care facility, is involved, the Government Claims Act requires that a formal claim be presented within six months of the incident before a lawsuit can proceed.

Contact J&Y Law

If a loved one suffered a heat-related illness, injury or death while under the care of a nursing home, assisted living facility or in-home caregiver in California, legal options may be available under the Elder Abuse and Dependent Adult Civil Protection Act. J&Y Law represents elder abuse and nursing home neglect victims and their families throughout California on a contingency-fee basis, meaning there are no upfront costs and no fee unless compensation is recovered. Claims against private caregivers generally must be filed within two years, and claims involving a public entity require a formal claim within six months. Contact J&Y Law for a free consultation to discuss your family’s situation and the deadlines that may apply.