In-Home Caregiver Cannot Sue Care Recipient for Negligence Related to Injuries Sustained While Providing Care

In the case of Fisher v. Gingerich, No. 1729 MDA 2024 (Pa. Super. Aug. 27, 2025 Stevens, P.J.E., Bowes, J., and Stabile, J.) (Op. by Stevens, P.J.E.), the court affirmed the trial court’s entry of summary judgment in a case in which an in-home caregiver sued the person she was caring for relative to injuries suffered from the care recipient’s alleged negligent failure to cooperate in the care.

The appellate court ruled that an in-home caregiver cannot sue a person they are caring for on claims of injuries allegedly suffered from the care recipient’s negligent failure to cooperate with the care.

The court noted that, under Pennsylvania law, a care recipient does not owe a caregiver any duty to participate and cooperate with the care. The court also noted that the nature of the risk imposed and the foreseeability of the harm also weighed heavily against the imposition of any duty on care recipients under the circumstances presented. In this regard, the court noted that care recipients are often untrained, elderly and have physical disabilities.

The appellate court otherwise noted that recognizing such a duty of care owed by care recipients to caregivers would open the flood gates of litigation from any care provider who struggled to care for a patient they deemed to be uncooperative.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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