Slip and fall injuries are far more dangerous for older adults than anyone else. And they are unfortunately relatively common. The problem is that when an elder falls and breaks a bone, healing takes place more slowly or not at all. The risk of falling again may also be greater.
A small fall can easily mean a big life change for a person of old age. When a fall necessitates full-time home care or a move to a nursing home, there is a lot to consider.
You have the option to sue if a fall occurs in a nursing or healthcare facility or if it happens at a company. So let’s take a look at what a claimant has to prove to recover damages in the event of a slip, fall or other injury.
Proving Dangerous Conditions
In general, in slip and fall cases, a claimant must demonstrate that a hazardous situation existed. The reservation proves that the owner of the property was or should have been aware of this.
Owners are responsible for reasonably foreseeable conditions that occur on their property. In other words, owners are expected to anticipate certain conditions and accommodate all kinds of people on the property.
These could be things like:
- Wet floors after a leak
- Insufficient lighting after lamps burn out
- Broken walkways or railings
- Ladders or equipment left behind by staff
Situations like this pose a risk that is quite easy to predict or see. Serious injuries can even result from minor negligence on the part of the property owner or his staff.
If a person falls on the property, older adult or otherwise, there may be a basis for a liability lawsuit. In addition, depending on how the injury occurred and the plaintiff’s relationship with the defendant, an injury attorney can claim negligence.
Getting money back for cases of negligence
When a loved one is injured by the negligence of another, they may be able to recover damages for:
- Medical expenses
- Future Care Plans
- Emotional Suffering
- Physical pain and suffering
For example, a retiree cannot recoup lost wages, but the damage to medical care may be higher because older adults experience the effects of common injuries more severely.
However, in order to recover anything, a claimant must prove the four elements of negligence:
- Duty
- Infringement
- Cause
- Leed
The context of the injury will determine these elements to some extent.
‘Standard of care’ or ‘duty of care’ changes depending on those involved and the location. For example:
- The duty of care of a nursing home towards its residents is high
- The duty of a shop owner to passers-by on the sidewalk is very low
Yet we all have a duty of care to others. Everyone must act as a reasonable person would in the same or similar circumstances and to avoid “reasonably foreseeable” harm.
The plaintiff has proven negligence and wins the case if he can show that:
- Violated duty of care
- It caused an injury
- The injury has led to “compensable damage” (damage such as medical costs)
But cases are very complex – even proving that a simple slip and fall was someone else’s fault requires extensive experience reading and understanding medical records and comfort with mathematical calculations.
Talk to a lawyer
If you have been injured, regardless of your age, please contact a lawyer. Tell your story. Many personal injury lawyers consult for free or for a minimal fee and are happy to assess your case.
