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Monday, September 26th, 2011
Assisted Living Litigation: Considerations in Pursuing Relief for Those Neglected and Abused
Assisted living facilities are rapidly becoming the nursing homes of the future. According to the National Center for Assisted Living, there are over 36,000 licensed assisted living facilities nationwide with an estimated 1 million residents.[1] However, because there is no common definition for assisted living facilities, this number may not adequately reflect the prevalence of these facilities. In fact, in 2002 the National Conference of State Legislatures hailed the assisted living market as one of the fastest growing long-term care options for senior citizens; the number of seniors in assisted living facilities receiving Medicaid benefits has grown nearly 50% over the past few years.[2]
These facilities tend to aggressively market and recruit residents, many times promising staffing levels or services that, in reality, are not available.[3] In an attempt to compete with nursing homes, assisted living facilities are accepting patients with higher acuity. Most major chains promote special Alzheimer’s Disease Units, and are accepting patients with significant cognitive impairment. The reality is that many of these facilities have staffing that is inferior to the staffing levels present in nursing homes and simply cannot meet the needs of the higher acuity residents. The end result is that residents throughout the county are suffering from serious injuries due to the neglect and abuse that is taking place in these facilities.
A. Assisted Living v. Nursing Home Care
Assist living abuse and neglect cases and nursing home abuse and neglect cases are similar in some respects, i.e., both involve supervision and care of the elderly, but evaluating the assisted living case involves a greater perception of the differences in the two types of facilities.
1. Standards of Care. The litigation of assisted living abuse and neglect cases, like the litigation of nursing home abuse and neglect cases, can be an effective tool in forcing the industry to comply with proper standards. However, since most states have weak regulations, it often becomes difficult to establish the legal standard of care for a particular facility. Many times a plaintiff may have to fall back on basic community practice nursing standards that will apply when an assisted living facility contracts to provide more than just room and board.
Nursing homes are highly regulated and must comply with the regulations set forth in the Omnibus Budget Reconciliation Act (“OBRA”) of 1987[4] (otherwise known as the federal Nursing Home Reform Act) which set minimum standards of care for long term care facilities that receive federal funding. Unlike nursing homes, assisted living facilities are not regulated by the federal government, and the state regulations that do exist are inconsistent and, for the most part, not aggressively enforced.
When considering the basis for liability, one must consider whether the assisted living facility breached regulatory or community practice standards in admitting the resident whose needs may have been too great to be met by the assisted living facility. Many assisted living facilities, especially those with “Specialized Alzheimer’s Units” are accepting residents with advanced dementia who would normally be admitted to a nursing home, and possibly even a skilled wing of the nursing home. In such cases, it would be advisable to obtain an expert who will evaluate the resident’s condition and the relevant admission criteria. Such an evaluation will likely be beyond the abilities of a lay person, although many admissions decisions in assisted living facilities are being made by non-medical personnel.
Almost all states prescribe some limitation on who can be admitted into an assisted living facility. For example, Virginia regulations prohibit adult care facilities from admitting or retaining patients with a variety of conditions, including ventilator dependency, dermal ulcers stages III and IV, those requiring intravenous therapy or injections directly into the vein, nasogastric tubes, and those who require continuous licensed nursing care. 22 VA. ADMIN. CODE § 40-71-150 (West 2003). Other states contain similar limitations with prohibitions aimed at excluding patients with a demonstrated need for skilled or specialized care.[5] Assisted living facilities do not provide skilled care; consequently, they are uniformly required to screen patients to determine the level of care needed and reject patients whose needs exceed their capacity. State regulation of assisted living facilities is lax and, for the most part, ineffective. Only a few facilities in the Commonwealth of Virginia have been denied a license for regulatory noncompliance. It is the opinion of this author that weak regulatory enforcement is in part due to inadequate regulations that do not adequately specify industry standards.
2. Experts. To litigate a nursing home abuse and neglect case it almost always requires the use of medical experts who will define the standard of care and address breaches in the standards. As assisted living facilities are generally not considered health care providers, one may question whether an expert is necessary. This will obviously depend on the facts of your case. But in almost every case, at the very least, you will require an expert to establish causation and damages. Since many times injuries in assisted living facilities result in the patient requiring long term care in a nursing home, you may also want to consider obtaining a life care plan from a qualified expert.
Once you have obtained records, you should have the case reviewed by a nursing expert you can rely upon. Unlike nursing homes where there DON and Administrators are RNs, many of the nurses who work in the assisted living arena are LPNs and lack the background that you may be looking for in an expert. Finding talented nurse experts who are actively involved in assisted living care is a challenging task. This author has used the ATLA list serve, and random calling of facilities to locate qualified experts.
B. Evaluating the Assisted Living Case
1. Facility Records. The first step in assessing liability against an assisted living facility will be to obtain the records from the facility and the contract that was signed. The contract will likely define the duties undertaken by the facility. Most assisted living facilities have various levels of service. Level one might be the basic service which would include only room, board, meals and activities. Level four, or the highest level of service, might include resident assessment, care or service planning, medication administration, and dementia and nursing care. The standards applied by these facilities could be analogized to standards of care applied by a nursing home that was not providing skilled care.
2. Freedom of Information Act. In addition to obtaining the records, you will need to do a Freedom of Information Act request. This will help you identify the corporate entity that actually owns and operates the facility and may also allow you to see surveys or inspections that were done on this facility. The license should always be available, and may include information about the scope of services that the defendant facility is authorized to provide. Do not expect the surveys or inspection reports to contain the wealth of information that are available for nursing homes. Many times surveys are performed by the local Department of Social Services and do not include assessments of whether or not these facilities are complying with regulatory standards of care.
3. Case Review. The following are some factors to consider early on in deciding whether or not to prosecute an assisted living facility for negligence or abuse:
a. The nature of the resident’s condition upon admission. If she was mentally competent and independent with acts of daily living, you will confront significant problems with contributory negligence and comparative fault defenses.
b. The nature of the contract and duties assumed by the facility. If they only agreed to provide room, board, and meals, the defense will argue their duties are analogous to that of a landlord in an apartment building.
c. The quality of the relationship between the personal representative and the victim. If the victim is deceased, this may take on a greater importance as the nature of that relationship may define your damages under the applicable wrongful death act.
d. Whether the family members make good fact witnesses, appear genuinely outraged by the facility’s conduct, and complained and/or removed their loved one from the facility.
e. Whether the facility had serious staffing shortages or a pattern of neglecting their residents.
f. Did the victim suffer a significant injury in the facility that adversely affected the quality of her life for the future, or caused her death?
g. Do you have strong witnesses and powerful exhibits? Do you have an insider who is willing to blow the whistle on rampant staffing shortages? Do you have color photos of that pressure?
h. Do you have significant economic specials that are not encumbered by a Medicare or Medicaid lien?
i. Is the defendant a charitable organization, religious affiliate, or part of a large assisted living chain?
C. Theories of Liability
With weaker regulation, variety in industry standards, and market competition, it is not surprising that the U.S. General Accounting Administration, in 1999, identified problems in assisted living facilities that included inadequate or insufficient resident care, insufficient trained staff, improper medication administration, and not following admission and discharge policies required by state regulation. A 2000 study by the U.S. Department of Health and Human services found that a high percentage of the staff at assisted living facilities were not knowledgeable about the normal aging process and at least 60% of the staff did not know how to properly manage difficult behavior among assisted living residents.
Liability: Improper Admission. Many times, liability based upon an improper admission results when someone is admitted into a facility that is not locked down or enclosed. Many residents with dementia have a tendency to wander and they should simply not be admitted into facilities that are not locked down or do not have appropriate wander guard systems and/or alarms on the doors.
In Selvin v. DMC Regency Residence, Ltd., 807 So. 2d 676 (Fla. Dist. Ct. App. 4th Dist. 2001) a resident of an assisted living facility wandered off and was found dead in a nearby canal. Plaintiff’s complaint alleged two different theories of liability: the first was a statutory wrongful death action and the second was based on alleged violations of statutes relating to assisted living facilities. Plaintiff alleged that the facility had a common law and statutory duty to supply at least the level of services and care that all licensed assisted living facilities generally furnish elderly patients of the plaintiff’s decedent’s classification and condition. At the time of trial, plaintiff sought to introduce expert testimony about specific safety precautions that were the industry standard and further sought to show that the facility should have built a fence to prevent elders from wandering near the dangerous area of the canal. The trial court precluded this testimony, finding that the facility had no legal duty to fence off the canal to the general public. The Appellate Court reversed, finding that the facility undertook to furnish certain services of care and security which created such a duty of protection. The Appellate Court also held it was an error to exclude testimony regarding industry standards of what could have been done to protect these impaired residents from falling into the canal.
1. Liability: Falls. Another common area of liability in assisted living facilities involves falls. Expert testimony may not be required in such cases. See, Walker v. Southeast Alabama Med. Ctr., 545 So. 2d 769 (Ala. 1989).[6] However, fall assessment and fall prevention planning is usually done by a nurse or other medical provider and it may be advisable to have an expert address this issue. In large part, the need for an expert will be determined by the facts of your particular fall. If the staff simply dropped the resident during a transfer, an expert may not be necessary. However, if the resident came in to the facility with multiple risk factors for falling[7] which were never assessed or care planned and he fell one day while wandering the hallway, you should retain an expert to discuss how the standard of care for fall prevention was breached. To establish causation, she will have to testify that if appropriate standards were followed, it would have, more likely than not, prevented the particular fall which caused injury to plaintiff. As this is an area of first impression in many jurisdictions, it is advisable to educate the court with a trial memorandum addressing experts and other issues prior to trial.
D. Other Theories of Liability
Attorneys who prosecute assisted living facilities have an opportunity to be far more creative in the prosecution of these claims, given the broad range of theories that are available. Below are some typical theories that can be advanced against an assisted living facility.
1. Common Law Negligence. This is probably the most common theory of liability advanced in assisted living cases. Make sure you do not plead breaches in medical or nursing standards of care, or you may face the argument that you have pled a traditional malpractice case. You can plead the breach of regulatory standards and/or industry standards which proximately caused injury to your client. As assisted living facilities are not health care providers, they should not be subject to caps or other discovery limitations (i.e., quality assurance privileges) that apply to traditional health care providers.
2. Violations of the Consumer Protection Act. Make sure to inquire of your client what representations were made as an inducement to enter the facility. Obtain the brochures that were handed out by the marketing representative. Most consumer protection statutes provide relief for misrepresentations which were made as an inducement to enter into the consumer transaction. Case law has allowed such theories to be advanced even against health care providers, so there should be no reason that this theory could not be advanced against an assisted living facility.[8] The advantage is that many states’ consumer statutes allow for the recovery of costs and attorney’s fees.
3. Adult Protection Act. Most states have statutes that have been specifically enacted to protect the rights of elder Americans.[9] Some states, like Tennessee, specifically exempt health care providers from the application of such statutes.[10] As assisted living facilities are not health care providers, these exemptions should not apply.
4. Breach of Contract. Almost all assisted living facilities will make their residents sign a contract as a condition of admission. Scrutinize the contract carefully, as it may contain waivers of liability or waivers of the resident’s right to a jury trial. Such waivers can be asserted irrespective of whether one pleads a separate breach of contract claim. Under the laws of most states, contract damages will be limited to foreseeable economic damages, so it would be disadvantageous to plead this as your only theory of liability. However, the contract may have required that certain services be delivered to the resident (i.e., activities, assistance with acts of daily living, 24 hour supervision) which were not, in fact, provided. The resident may have suffered no physical injury from the failure to deliver such services and the defense will argue that such evidence should be excluded at the time of trial. With the contract theory properly pled, plaintiff can argue that such evidence is admissible to prove contract damages and recover monies for services which were not provided.
Be wary that the defense may argue that since plaintiff failed to quantify the extent of services that were not provided, any award of contract damages would be based on speculation. As such, you should make an attempt to have your client provide a good faith estimate in percentage terms as to what services were not provided. However, if you have a strong negligence claim based on a discreet event (i.e., a fall causing a hip fracture) you may not want to confuse the jury with a lot of collateral facts and issues that may not have a strong bearing on your damages.
5. Negligent Hiring and/or Retention. Consider this claim where you have intentional torts committed by an employee and some evidence that the defendants knew or should have known that this was a troubled employee. Many assisted living facilities don’t adequately screen their employees. This evidence may not be revealed until the discovery process begins and it is essential that you obtain the employee’s personnel file early on in litigation so you can amend your complaint if necessary. Depending on the tolling provisions of your individual claim, the cause of action may still relate back because it arguably arises out of the same set of operative facts. It is also a good idea to sue the employee individually. The same defense firm may represent both the employee and corporation, making it impossible to argue that the employee was not operating within the scope of his employment.
6. Wrongful Death. In any case where there is evidence that the facility’s negligence caused or contributed to the resident’s death, a separate wrongful death claim should be asserted. If there is any good faith basis to conclude that the negligence contributed to plaintiff’s death, you should plead both survivorship and wrongful death claims. Any long term care case has greater value if you can argue that defendant’s neglect caused plaintiff’s death. You may also have separate claims for injury that in no way contributed to the resident’s death. Such claims should be pled with your survivorship claims. Research the law in your jurisdiction to determine what forms of damages are recoverable under a wrongful death statute. If you’re in one of those unfortunate jurisdictions that allow only economic damages, you may not want to plead a wrongful death claim.
7. Punitive Damages. As the nature of economic damages in an assisted living case may not be impressive, and as your client will likely have suffered from several preexisting conditions that may weaken your compensatory damage claim, you should, whenever possible, plead punitive damages. Successfully pleading a punitive damage claim will also provide you with the basis for exploring defendant’s conduct with respect to other residents who were neglected in substantially similar ways to that of your client. Cases from around the country have upheld such punitive damage claims against nursing homes, and there is no reason that such precedent would not apply equally to assisted living facilities. [11]
8. Americans with Disabilities Act/Fair Housing Act. The Fair Housing Amendments Act of 1988 (FAA)[12] prohibits discrimination in virtually all housing and related activities, whether such conduct takes place in the private or public sector. This law is complemented by the Americans with Disabilities Act,[13] which, while it specifically does not include entities covered by the FAA, applies to non-housing functions of a facility, such as common areas, meeting rooms, cafeterias, adult day care, or long term care under Title II (state and local) and Title III (public accommodations) programs.
E. Selected Case Results
A survey of reported cases reveals very few published cases throughout the country. This author has litigated fall cases, negligent admission resulting in pressure sores cases, and one case involving an unfortunate resident who caught fire in the recreation room. The manner in which he was ignited was never explained by the facility.
In one assisted living case taken to verdict in Virginia, plaintiff had fallen during the evening and was placed back in bed (with a hip fracture) by a nurse aid who denied the fall ever happened. Plaintiff was alive at the time the case went to verdict and required ongoing nursing care because of her injuries. The jury rendered a verdict of $1.5 million in compensatory damages.
A brief survey of published assisted living cases results and verdicts across the U.S., reveals the following:
1. Dick v. Bixby Knowles Towers; No. NC 021 371, verdict date 04/15/1998. Plaintiff was walking through the dining room when she felt hot coffee spill onto her neck, back and shoulder. She turned away from the coffee and stumbled and fell. One employee acknowledged holding two pots of coffee at the time of injury, but denied spilling coffee on the Plaintiff. Plaintiff suffered a fractured distal femur and first and second degree burns. Verdict was $378,990, with medical expenses totaling $128,000.
2. Wiggins v. St. John’s Terrace Homes, Inc. Docket No. 96-2705-CA; FJVR reference No. 98:7-55 (July 1998) Plaintiff, an assisted living resident, was seated at a dining table when a coffee pot burst open, pouring scalding coffee down Plaintiff’s leg. Verdict of $223,893.
3. Weiland, as Personal Representative of Louise Debenack, v. Alexandra & Co. of Boca Raton, Inc., d/b/a/ The Colonnade at Haverhill, Docket NO. CL 99-00066 AE; FJVR reference No. 01:6-54 Pub.(June 2001). Plaintiff found dead after she developed a UTI that became septic. Upon admission to hospital, plaintiff had a large hematoma which was not explained by the defendant. Settlement for plaintiff for $1 million.
4. Estate of John Doe v. Anonymous Assisted Living Facility. (Reported from the Michigan Trial Reporter, JAS Publication) Settlement of $1,350,000 for an elderly assisted living resident who died from burn injuries sustained while showering. Plaintiff’s theory of negligence alleged that defendant was negligent in not having proper temperature controlling devices for their residents.
5. Davis v. Premium Health Care, Inc. Docket No. 98-20263, Reference No. 01:8-12 (August 2001). Settlement of $300,000 for decedent who developed multiple pressures sores (including a stage IV) while in the facility.
6. Casaletto v. Helen Homes Corp., d/b/a The Palace Gardens, Docket NO.: 01-12468 BA 20; FJVR Ference No. 02:9-44 (Miami, September 2002) Defense verdict involving an 86 year old male who was admitted to an assisted living facility in May and suffered a fall in August of the same year. Plaintiff alleged improper admission and failure to properly supervise. Defendant contended that the decedent was a proper admission and that the level of supervision was appropriate in he ambulated independently. Both parties relied on experts in the area of assisted living administration.
7. Pollock v. CCC Investments I. LLC d/b/a Tiffany House by Marriot, Docket No. 01-16746, Ref. No. 05:3-9 (Florida 2005). Defense verdict involving a resident who was murdered by another resident. Defendant’s argued they had no notice of the other resident’s potential violent conduct. The jury found there was no negligence on the part of defendants that caused plaintiff’s death. They also found there was no violation of the assisted living facility’s resident’s rights under Florida statutory law. Defendant’s highest offer was $750,000 with lowest demand at $9,900,000.
II. Conclusion
As this is a new and evolving area of the law, attorneys who litigate these cases should strive to establish favorable precedents for those who follow. If the recent explosion in nursing home litigation is any indication, assisted living facilities could be the nursing homes of the future. As with nursing home litigation, the civil prosecution of these cases provides an important safeguard in protecting the rights of our elderly and assuring that proper standards are followed in the industry.
[1] Mollica, Robert L. State Assisted Living Policy: 2000. Portland: National Academy for State Health Policy, 2000, Executive Summary.
[2] Issue Brief, Health Policy Tracking Service, National Conference of State Legislatures, October 1, 2002.
[3] Based on a study done by AARP that randomly shopped some 80 assisted living facilities, a pattern of discrepancies was found between what representations were made in the marketing materials versus promises made in the admission’s contract. Two previous surveys that compared marketing materials and assisted living contracts, one by the American Bar Association’s Commission on Legal Problems of the Elderly Consumer Reports, and the other by the U.S. General Accounting Office, revealed similar problems. Adrienne Oleck & Bruce Vignery, Nurture or Neglect? Challenging Deceptive Practices in Assisted Living Facilities, CONSUMER ADVOC., Jan. 2001, 7(1).
[4] See, 42 C.F.R. 483.10 et seq.
[5] Montana law prohibits assisted living facilities from admitting patients who, inter alia, are non-ambulatory, in need of physical/chemical restraints, or unable to self-medicate. MONT. CODE ANN. § 50-5-226 (2002); Florida law prohibits admission of residents who are bedridden, those who have stage III or stage IV pressure sores and those residents who may require 24 hour nursing care. FLA. STAT. Ch. 400.407 (2005).
[6] In Walker, there was evidence that a patient had a history of falls and further that the patient’s doctor had instructed the nurse to leave the bed rails up at all times. A nurse lowered the bed rails and the patient fell. The court held that the plaintiffs were not required to present expert testimony because the breach of care alleged by the plaintiffs, leaving the bed rail down contrary to doctor’s orders, was so apparent as to be understood by a layman.
[7] Risk factors for falling could include dementia, confusion, unstable gait, prior stroke, arthritis, medications usage, history of falls, history of agitated behaviors, vision problems, and weakness or muscle atrophy.
[8] Dorn v. McTigue, 157 F. Supp. 2d 37 (D.D.C. 2001) (holding that District of Columbia Consumer Protection Act applied to the medical profession); Chalfin v. Beverly Enters., Inc., 741 F.Supp. 1162 (E.D. Pa. 1989), reconsideration den., 745 F.Supp. 1117 (E.D. Pa. 1990) (health care services provided by a nursing home were within the scope of “trade or commerce” provisions of Pennsylvania consumer protection laws); Winkler v. Interim Servs., Inc., 36 F. Supp. 2d 1026 (M.D. Tenn. 1999) (Disabled Medicare beneficiaries’ claims against home health care provider for violation of Tennessee Consumer Protection Act were not exempt on the grounds that the provider’s termination of services was regulated by the Medicare Act, given the alleged claims did not arise under the Medicare Act).
[9] According to the National Center of Elder Abuse, www.Elderabusecenter.org/laws, all fifty states and the District of Columbia have enacted legislation authorizing the provision of adult protection services in cases of elder abuse. The statutes vary widely on definitions of abuse, investigation responsibility, and remedies for such abuse.
[10] The Tennessee Adult Protection Act, TENN. CODE ANN. § 71-6-101 et. seq. (2002) does not apply to actions against “health care providers,” as defined in the TENN. CODE ANN. § 63-6-228 et. seq. Alternatively, Tennessee’s Medical Malpractice Act provides the statutory authority to suits against health care providers.
[11] See, Texas Health Enters. V. Geisler, 9 S.W.3d 163 (Tex. App. Fort Worth 1999) (repeated shortages of staffing and other acts of negligence supported punitive damage award against defendant); Estate of McIntyer by & Through Ex’r v. Transitional Health Servs., 1998 U.S. Dist. LEXIS 13965 (M.D.N.C. May 1998) (holding that defendant’s knowledge that it was operating in serious violation of several health codes and that it took very little, if any, action to remedy those violations might reasonably be found to constitute reckless indifference to the rights of their elderly residents with varying medical and non-medical needs); Beverly Enters. – Florida v. Spilman, 661 So. 2d 867 (Fla. Dist. Ct. App. 5th Dist. 1995) (testimony that expert was “outraged” at poor level of care of resident who developed and died from an infected decubitus ulcer supported punitive damage award against corporation and management company). See also, Christopher Vaeth, Allowance of Punitive Damages in Medical Malpractice Action, 35 A.L.R. 5th 145 (1996).
[12] Fair Housing Amendments Act, 42 U.S.C. § 3601 et. seq. (2000).
[13] Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq. (2000).
About the Author
Jeffrey J. Downey – an attorney who has written extensively on the long term care industry and trial practice. Mr. Downey practices in Washington D.C., Maryland and Virginia representing victims of elder neglect and other torts.
For more information on how to select a nursing home / assisted living facility, or if you need someone to talk to about your legal rights, call the Law Office of Jeffrey J. Downey at (202) 789-1110 or visit us on the web at www.jeffdowney.com
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The Cloud Atlas $8.59 Set against the magnificent backdrop of Alaska in the waning days of World War II, The Cloud Atlas is an enthralling debut novel, a story of adventure and awakening and of a young soldier who came to Alaska on an extraordinary, top-secret missionand found a world that would haunt him forever. Drifting through the night, whisper-quiet, they were the most sublime manifestations of a desperate enemy: Japanese balloon bombs. Made of rice paper, at once ingenious and deadly, they sailed thousands of miles across the Pacific…and once they started landing, the U.S. scrambled teams to find and defuse them, and then keep them secret from an already anxious public. Eighteen-year-old Louis Belk was one of those men. Dispatched to the Alaskan frontier, young Sergeant Belk was better trained in bomb disposal than in keeping secrets. And the mysteries surrounding his mission only increased when he met his superior officer a brutal veteran OSS spy hunter who knew all too well what the balloons could do and Lily, a Yup’ik Eskimo woman who claimed she could see the future. Louis’s superior ushers him into a world of dark secrets; Lily introduces Louis to an equally disorienting world of spirits and desire. But the world that finally tests them all is Alaska, whose vastness cloaks mysteries that only become more frightening as they unravel. Chasing after the ghostly floating weapons, Louis embarks upon an adventure that will lead him deep into the tundra. There, on the edge of the endless wilderness, he will make a discovery and a choice that will change the course of his life. At once a heart-quickening mystery and a unique love story, The Cloud Atlas is also a haunting, lyrical rendering of a little-known chapter in history. Brilliantly imagined, beautifully told, this is storytelling at its very best. From the Hardcover edition. |
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BorneoSarawak Discovery $1549 From rainforest canopies to jungle wildlife, discover the diverse ecosystem of Malaysia’s largest state. This compact tour will provide nature lovers and photographers of all levels with a magnificent introduction to Sarawaks wilderness. Explore caves and hike mountain trails, sail past communities and overnight in a longhouse. With authentic local transportation and accommodation, our CEOs will provide a window to the unique peoples and customs of this beautiful country. |
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Zanzibar Discovery $759 Zanzibar’s beautiful beaches are world-renowned, so enjoy the idyllic white sand, turquoise water and unforgettable sunsets. And, at night, retire to comfortable accommodations. The spice island of Zanzibar is a fascinating and beautiful world of its own. Discover the UNESCO World Heritage Site of Stone Town by wandering its labyrinth of narrow streets, losing yourself in the buzz of the markets, and exploring the many mosques and grand Arab residences. You’ll never want to leave. |
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Southern Discovery $1859 From the wineries of Santiago to the pristine beauty of Patagonia and the cosmopolitan flair of Buenos Aires, experience the riches of South America. Enjoy a taste of wilderness with hiking opportunities in Chile’s Lake District and Argentinean Patagonia before cleansing your palate for a wine tasting at a Santiago vineyard. Travel days are well paced and include short flights, allowing you the time to really experience the regions highlightsin comfort and style. As an introduction to Chile and Argentina, this trip offers the perfect combination of guided excursions and free time to explore at your own pace. |
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Andean Discovery $2199 From the awe-inspiring archeological and cultural treasures of the Andean highlands to the Nazca Lines on Peru’s enigmatic coast, this epic adventure explores the heart and soul of the Andes. Embrace Incan culture in Cuzco, sail Lake Titicaca and trek the Inca Trail to the majestic ruins of Machu Picchu. Interact with locals from the regions communities for an immersive experience that few rarely get to know. With the services of a CEO and your accommodation and transport taken care of, this trip offers great value as it introduces the regions main sights while providing plenty of flexibility. |
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Indochina Discovery $2499 Discover the heart and soul of Indochina on this tour of four very diverse countries. Encounter history, both ancient and modern, and witness the unbelievable splendour of Angkor Wat. Our CEOs will ensure your accommodation and transportation are coveredso you can choose the activities that interest you. Experience Halong Bay by boat or ride pushbikes around Vang Vieng. Push through hectic city lanes and tap into the pulsing nightlife. And with other travellers your own age, you can be sure to get down with adventurers thatll keep up. |
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Bolivia Discovery $1249 Climb to the top of South America for an out-of-this-world Bolivian experience encounter awe-inspiring geography, cities rich in colonial history and indigenous culture. From La Paz, the highest capital city in the world, travel to the crest of the Andes and the middle of nowhere for three days of incredible off-road exploration of the Salar de Uyuni and surrounding desert altiplano. Take the road less travelled and meet locals for an immersive cultural experience that few travellers get to know. If you are looking for an authentic experience away from the tourist track, Bolivia is the perfect place for genuine adventure. |
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Inca Discovery $1249 Perfect for those looking to experience the regions archeological and cultural treasures in a short amount of time, this adventure includes a four-day trek along the Inca Trail. This is one of the worlds best known hikes and will reward those willing to break a sweat with a stunning combination of mountainscapes, cloud forests and jungles. We run our own treks, which ensures the fair treatment of our porters and quality equipment. Our knowledgeable CEOs will work hard to make certain the first glimpse of Machu Picchu will burn itself into your memory. |
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Ethiopia Discovery $2099 This incredible twelve-day adventure through the less-travelled part of Ethiopia offers rugged travellers willing to without some western conveniences an opportunity to truly interact with various ethnic communities. Explore the enigmatic beehive houses of the Dorze and stop in numerous villages for truly immersive cultural encounters with the Ari, Karo, Murse, Hamer and Dasanech people that few travellers get to experience. Visit two national parks and explore Lake Chamo by boat in search of crocodiles, hippos and bird life. With your expert CEO doing the planningyou’re free to soak in the diversity of this remote land and its incredible people. |
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Thailand Discovery $1749 Get the best of Thailand’s culture, sacred sites and beaches on this 17-day adventure. You’ll take an unforgettable ride aboard an elephant, explore the norths Golden Triangle and cycle the streets of ancient Sukhothai before heading south for peaceful island beaches. Depending on the season, you’ll explore the perfect islands of the Andaman Sea or swim the incredible waters of Kho Tao and its neighbours. Whatever the season, this trip offers the classic Thai experiencea great combination of must-see highlights and free time to do you own thing. |
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Mayan Discovery $1399 Mayan ruins peeking out from verdant jungle, street vendors hawking their wares on colonial streets, pristine white-sand beaches sparkling under the Caribbean sunnow this is the real Yucatan! On this unique 15-day journey, youll tour the ruins at Chichen Itza and Palenque, and head deep into the jungle of Guatemala to experience the ruins of Tikal. You’re free to choose your own adventure! So escape the resort packages and witness all the incredible wilderness, wildlife and Mayan culturepast and presentthat you can imagine. |
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Discovery $34.99 Joel Barr Discovery – Giclee Print |
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The Discovery $31.99 Jack Sorenson The Discovery – Art Print |
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Inca Discovery Plus $1549 Like our Inca Discovery tour but with a flight back to Lima, this trip offers a fascinating combination of the regions archeological and cultural treasures. Retrace the steps of the on a four-day trek along the Inca Trail to Machu Picchu. One of the worlds best known hikes, it will reward those willing to break a sweat with stunning views of ruins and cloud forests. We run our own treks, which ensures fair treatment of our porters and quality equipment. Our expert CEOs will make certain the first glimpse of Machu Picchu from the Sun Gate will burn itself into your memory. |
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Revealed $14.99 “Newly widowed Annabelle Grayson hears a second chance calling her. But she can’t answer it living in Colorado City; where everybody knows her sordid history. When she advertises for a guide to escort her to Idaho, Matthew Taylor-a bitter soul escaping his own past-applies. Will they find the fresh beginning they each seek?” |
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Family Morocco Discovery $720 Make friends with eclectic Marrakech, Be awed by the spectacular Atlas Mountains, Sip sweet mint tea in rural villages, Learn about the Berber people, Take a dip in the Atlantic ocean , Travel through colourful fruit plantations, See the magnificent dunes of Sida Kaouki on a camel trek, Be romanced by the blue-tinted town of Essaouira, Find the perfect bargain in bustling bazaars |
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South Morocco Discovery $1165 Investigate ancient manuscripts in Tamegroute, Learn to master Moroccan couscous, Enjoy the spoils of Essaouira beach, Travel through the Sahara desert in a camel convoy, Trek into the High Atlas Mountains, Experience the colour and chaos of Djemaa el-Fna, Travel through the Sahara desert in a camel convoy, Wander the winding alleyways of the grand Ait Benhaddou kasbah |
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Paracas & Nazca Discovery $949 This four-day tour is perfect for those wishing to spot wildlife and marvel at the mystery of the Nazca Lines. Travel to Paracas National Reservethe “Peruvian Galapagos”considered one of the most unique and richest ecosystems in the world. Take a fly-over the Nazca Lines from nearby Pisco to witness a series of ancient geoglyphs located in the Nazca Desert. |
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Greek Islands Discovery $2649 Gaze out over rugged island coastlines, hike the Samaria Gorge, wander through whitewashed villages and savour meals in local tavernas as you cover the best of Crete, Santorini and Naxos. Beginning with the classical heights of Athens, trade bustling city streets for breaking waves on calm sun-drenched island beaches. Our expert CEOs will reveal the regions hidden gems, taking the hassle out of travel so you can focus on ancient ruins and vibrant sitesor enjoy yourself with a cold drink on the shores of the islands. |
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Brazil and Argentina Discovery – Southbound $1549 Experience the treasures of Argentina and Southern Brazil in this jam-packed trip. Explore two of the most vibrant capital cities in all of Latin America – Buenos Aires to Rio de Janeiro, take in the splendour of the immense Iguassu Falls, and wander the cobblestone streets and fantastic beaches of Paraty. From tango and great coffee in Buenos Aires to sun and surf in Rio, this trip has it all! |
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Galapagos & Andean Discovery $4249 This is a full month of wildlife, hiking and adventure! From the heights of the Inca Trail to the creatures of Ecuador, this epic adventure includes an all-encompassing tour of Peru and a chance to explore the Galapagos. Experience the incredible wildlife and scenery of the island chainincluding the lesser-visited island of Isabela. Explore Peru’s incredible coast before climbing the Inca Trail to Machu Picchu, the ‘Lost City of the Incas’. We operate our own treks in Peru, so we can ensure the fair treatment of our portersand an exceptional experience for you. |
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Ecuador and Peru Discovery – Northbound $1649 Connecting Lima and Quito, two of South America’s most fascinating cities, this fifteen-day journey offers a great mix of natural beauty, historical ruins and the chance to feel alive in the great outdoors. Explore stunning cloud forests, meet the local indigenous peoples of Santo Domingo and take the opportunity to trek through the majestic mountain peaks and glacial lagoons near Huaraz. Get your surf on challenging the wild breaks around Mancora or walk back in time at the pre-Inca ruins around Huanchaco. Discover the excitement of diversity in Ecuador and northern Peru. |
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Northern Thailand Discovery $899 From the buzzing night market of Chiang Mai and the elephants of Lampang to delicious food and beautiful textiles, immerse yourself in the incredible culture of the region. Cycle through the ancient city of Sukhothai, climb up to the Buddhist temples at Doi Suthep and enjoy the beauty of the hills surrounding Chiang Mai. Our expert CEOs will take the hassle out of planning and help you find the secluded spots only the locals know. |
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Independent Inca Discovery $1059 See the heart of Incan Peru: colonial Cuzco, and the Inca trail to Machu Picchu. Explore the museums, markets, restaurants and ruins of fascinating Cuzco before strapping on your hiking boots to tackle the famous trail on this independent adventure. A rite of passage for many visitors to Peru, the Inca Trail is a challenging, four-day trek from the Sacred Valley floor, up through the high Andes descending into cloud forest. Traverse high mountain passes, and finish at the magical ‘Lost City’ of Machu Picchu. Enjoy a guided tour of the site before heading back to Cuzco by train. A once-in-a-lifetime adventure! |
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Mu Revealed $39.99 Mu Revealed – Giclee Print |
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Galapagos West Islands & Inca Discovery $3549 From the unique wildlife of the Galapagos to the towering peaks of Peru, discover two of South America’s iconic highlights in one comprehensive adventureexplore the Galapagos aboard the comfortable g1 before flying into the Andean highlands. As one of the larger tour operators in the Galapagos, our exclusively operated fleet of yachts offers great valueand because we run our own treks, we can ensure the fair treatment of our porters and the quality of food and equipment as you follow the Inca Trail to Machu Picchu. Experience the intense variety and striking beauty of two of South America’s most dramatic regions. |
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Galapagos South Islands & Inca Discovery $3399 From the unique wildlife of the Galapagos to the towering peaks of Peru, discover two of South America’s iconic highlights in one comprehensive adventureexplore the Galapagos aboard the comfortable g1 before flying into the Andean highlands. As one of the biggest tour operators in the Galapagos, our exclusively operated fleet of yachts offers great valueand because we run our own treks, we can ensure the fair treatment of our porters and the quality of food and equipment as you follow the Inca Trail to Machu Picchu. Experience the intense variety and striking beauty of two of South America’s most dramatic regions. |
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The Shoulders Of Atlas $2.39 The Shoulders Of Atlas |
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Melusine Revealed $49.99 Emile Bayard Melusine Revealed – Giclee Print |
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Atlas historico de la America del descubrimiento/ Historical Atlas of the Discovery of America $25.56 This book is in New – Excellent condition |
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The Discovery Of God: Abraham And The Birth Of Monotheism $6.59 Fifty-three percent of the world’s population practices Judaism, Christianity, and Islam, religions that all trace their lineage to the towering, quasi-mythological figure of Abraham. In this reverent biography of the man who invented-or discovered-God, David Klinghoffer disentangles history from myth and uncovers the profound impact of Abraham’s message on his time and on the development of the modern world. The Discovery of God chronicles Abraham’s life from his birth in Mesopotamia through his travels as preacher and missionary throughout the Middle East. Many of the primary sites of Abraham’s life and career still exist, and Klinghoffer describes what they were like in ancient times and how they appear today. The tangible details of the polytheistic culture are re-created, showing how Abraham challenged the most basic beliefs of his contemporaries. He did not set out to establish the Jewish religion, but rather to spread the message of ethical monotheism as it was revealed to him-a powerful message that deepened over time, as did his faith and relationship with God. In contrast to many scholars who, troubled by its contradictions and apparent errors, see the Bible as the work of a series of scribes and editors, Klinghoffer argues that the Bible should be viewed as an esoteric text that an only be comprehended in light of the oral tradition from which it emanated. Combining rigorous scholarship and interpretive ingenuity, he draws on biblical commentary and the Jewish oral tradition as preserved by sages from the Talmudic scholars to Maimonidies to explore and explain the miraculous origins of monotheism. At a time when the world seems to moving toward a renewed confrontation between the three great Abrahamic faiths, The Discovery of God is a potent reminder of the history and beliefs that unite them. From the Hardcover edition. |
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The Discovery of God: Abraham and the Birth of Monotheism $7.19 Fifty-three percent of the world’s population practices Judaism, Christianity, and Islam, religions that all trace their lineage to the towering, quasi-mythological figure of Abraham. In this reverent biography of the man who invented-or discovered-God, David Klinghoffer disentangles history from myth and uncovers the profound impact of Abraham’s message on his time and on the development of the modern world. The Discovery of God chronicles Abraham’s life from his birth in Mesopotamia through his travels as preacher and missionary throughout the Middle East. Many of the primary sites of Abraham’s life and career still exist, and Klinghoffer describes what they were like in ancient times and how they appear today. The tangible details of the polytheistic culture are re-created, showing how Abraham challenged the most basic beliefs of his contemporaries. He did not set out to establish the Jewish religion, but rather to spread the message of ethical monotheism as it was revealed to him-a powerful message that deepened over time, as did his faith and relationship with God. In contrast to many scholars who, troubled by its contradictions and apparent errors, see the Bible as the work of a series of scribes and editors, Klinghoffer argues that the Bible should be viewed as an esoteric text that an only be comprehended in light of the oral tradition from which it emanated. Combining rigorous scholarship and interpretive ingenuity, he draws on biblical commentary and the Jewish oral tradition as preserved by sages from the Talmudic scholars to Maimonidies to explore and explain the miraculous origins of monotheism. At a time when the world seems to moving toward a renewed confrontation between the three great Abrahamic faiths, The Discovery of God is a potent reminder of the history and beliefs that unite them. From the Hardcover edition. |
