Filing a Claim for an Older Adult's Slip and Fall

Older adults slip and fall more often than younger people, and these accidents often cause more serious injuries. A minor fall can be a life-changing event. Special considerations can come into play when filing a claim for an older adult's slip and fall injuries.

Why Older Adults Are More Likely to Slip and Fall

Some physical conditions make older adults more likely to fall:

  • The weakness of the lower body
  • Slow reaction time
  • Difficulty walking
  • Impaired balance
  • Foot problems
  • Vision impairments
  • Vitamin D deficiency
  • Side effects of medications

Injuries Older Adults Suffer in Falls

Common injuries in falls involving older adults include the following:

  • Head injuries
  • Hip fractures
  • Broken arms or wrists
  • Broken legs or ankles

Filing a Claim to Recover Compensation for Injuries to an Older Person in a Slip and Fall

An older person’s higher likelihood of falling does not mean a business cannot be liable when an older person slips or falls. Generally, the same rules apply without regard to the age of the person injured in a slip and fall. To file a successful premises liability claim, you must prove:

The Property Owner Owed the Injured Party a Duty of Care

A property owner owes a specific duty of care to each person who enters the owner's property or comes into the owner's home or business:

  • A homeowner owes a duty to a person whom they invite into their home to warn of potential dangers. For example, a property owner must warn a guest that a step is broken.
  • A business owner owes its customers a duty to keep its premises free of hazards the owner knows or should know exist. For example, if the owner knows a floor is wet and slippery, the owner must mop the floor or put out a sign warning of the wet floor.

A Dangerous Condition Existed

If you fall in a business or other property, you must prove what caused you to fall. The floor may be wet, or you may have slipped on something, like a piece of lettuce. It is vital to your claim that you are able to prove this element.

The Owner or Operator Knew of the Dangerous Condition

To establish liability on the part of the store or another property owner, you must show the owner created the hazard or the owner knew or should have known about the dangerous condition. If the owner or an employee did not have actual knowledge, you can show that the hazard existed for long enough for the owner or an employee to know about it.

The Slip and Fall Caused the Injury

You must prove that your injuries or your loved one’s injuries stemmed from the slip and fall.

For example, if you had a herniated disc before your slip and fall accident, you would be unable to recover compensation for that. However, if your slip and fall aggravated your disc pain, you may be entitled to compensation for the aggravation.

You Were Not Primarily At Fault for the Accident

Georgia’s comparative negligence law states that an injured party cannot recover if they contributed more than 49 percent to the injury. For example, say that you slipped and fell because you refused to use your walker. The other party may argue that is why you fell. If an investigation finds you were more than 49 percent at fault, you will be unable to recover compensation.

Your percentage of fault will also decrease your recovery. For example, if you were 20 percent at fault for your slip and fall, you would only be eligible for 80 percent of your demand (e.g., $8,000 of $10,000).

Compensation for Injuries to an Older Adult in a Slip and Fall

The compensation available in a slip and fall case involving an older adult can differ from a slip and fall case involving a younger person. If retired, the older adult cannot recover compensation for lost wages or lost earning capacity. Medical expenses may be higher in the case of an older adult because the injuries are likely more severe:

  • Many older adults suffer hip fractures in falls.
  • Many older adults suffer traumatic brain injuries (TBIs) in falls.
  • The healing process for a broken bone may be longer with an older adult.

Older adults involved in slips and falls can receive also obtain compensation for:

  • Pain and suffering: A fractured hip or bone can be painful; and
  • Lost quality of life: The quality of the older adult's life can decline dramatically after a fall.

Call a Slip and Fall Lawyer in Atlanta Today

Did you or your elderly parent suffer injuries in a slip and fall? A slip and fall accident lawyer may be able to help you. Contact the S. Burke Law at 404-842-7838 for a free consultation.

Older adults slip and fall more often than younger people, and these accidents often cause more serious injuries. A minor fall can be a life-changing event. Special considerations can come into play when filing a claim for an older adult's slip and fall injuries.

Why Older Adults Are More Likely to Slip and Fall

Some physical conditions make older adults more likely to fall:

  • The weakness of the lower body
  • Slow reaction time
  • Difficulty walking
  • Impaired balance
  • Foot problems
  • Vision impairments
  • Vitamin D deficiency
  • Side effects of medications

Injuries Older Adults Suffer in Falls

Common injuries in falls involving older adults include the following:

  • Head injuries
  • Hip fractures
  • Broken arms or wrists
  • Broken legs or ankles

Filing a Claim to Recover Compensation for Injuries to an Older Person in a Slip and Fall

An older person’s higher likelihood of falling does not mean a business cannot be liable when an older person slips or falls. Generally, the same rules apply without regard to the age of the person injured in a slip and fall. To file a successful premises liability claim, you must prove:

The Property Owner Owed the Injured Party a Duty of Care

A property owner owes a specific duty of care to each person who enters the owner's property or comes into the owner's home or business:

  • A homeowner owes a duty to a person whom they invite into their home to warn of potential dangers. For example, a property owner must warn a guest that a step is broken.
  • A business owner owes its customers a duty to keep its premises free of hazards the owner knows or should know exist. For example, if the owner knows a floor is wet and slippery, the owner must mop the floor or put out a sign warning of the wet floor.

A Dangerous Condition Existed

If you fall in a business or other property, you must prove what caused you to fall. The floor may be wet, or you may have slipped on something, like a piece of lettuce. It is vital to your claim that you are able to prove this element.

The Owner or Operator Knew of the Dangerous Condition

To establish liability on the part of the store or another property owner, you must show the owner created the hazard or the owner knew or should have known about the dangerous condition. If the owner or an employee did not have actual knowledge, you can show that the hazard existed for long enough for the owner or an employee to know about it.

The Slip and Fall Caused the Injury

You must prove that your injuries or your loved one’s injuries stemmed from the slip and fall.

For example, if you had a herniated disc before your slip and fall accident, you would be unable to recover compensation for that. However, if your slip and fall aggravated your disc pain, you may be entitled to compensation for the aggravation.

You Were Not Primarily At Fault for the Accident

Georgia’s comparative negligence law states that an injured party cannot recover if they contributed more than 49 percent to the injury. For example, say that you slipped and fell because you refused to use your walker. The other party may argue that is why you fell. If an investigation finds you were more than 49 percent at fault, you will be unable to recover compensation.

Your percentage of fault will also decrease your recovery. For example, if you were 20 percent at fault for your slip and fall, you would only be eligible for 80 percent of your demand (e.g., $8,000 of $10,000).

Compensation for Injuries to an Older Adult in a Slip and Fall

The compensation available in a slip and fall case involving an older adult can differ from a slip and fall case involving a younger person. If retired, the older adult cannot recover compensation for lost wages or lost earning capacity. Medical expenses may be higher in the case of an older adult because the injuries are likely more severe:

  • Many older adults suffer hip fractures in falls.
  • Many older adults suffer traumatic brain injuries (TBIs) in falls.
  • The healing process for a broken bone may be longer with an older adult.

Older adults involved in slips and falls can receive also obtain compensation for:

  • Pain and suffering: A fractured hip or bone can be painful; and
  • Lost quality of life: The quality of the older adult's life can decline dramatically after a fall.

Call a Slip and Fall Lawyer in Atlanta Today

Did you or your elderly parent suffer injuries in a slip and fall? A slip and fall accident lawyer may be able to help you. Contact the S. Burke Law at 404-842-7838 for a free consultation.