Elderly Slip and Fall Accident Lawsuits

Slip and fall accidents are among the most common causes of injury for elderly individuals in the United States. 

As we age, our bodies become more vulnerable to injury, and even a minor fall can lead to devastating consequences. 

According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of injury-related deaths among adults aged 65 and older. 

Businesses, government buildings, and other public spaces owe a duty of care to our seniors, keeping walkways free of obstacles and hazards. When an elderly guest falls and injures themselves on the premises, the property owners and managers can be held at fault.

Checking the Data: Why Are Elderly Individuals More Vulnerable to Falls?

Several factors contribute to the increased risk of slip and fall accidents among older adults, including physical changes, chronic health conditions, and even vision and hearing loss. That’s why property owners and managers must take reasonable precautions when maintaining an area that is open to seniors, who may not be as nimble to correct a slip on a spill left unattended, for instance.

Statistics on elderly slip and fall accidents show exactly how serious these accidents are. They also demonstrate how it is becoming increasingly important to ensure that the lucky survivors are well compensated for their injuries.

Each year in the United States, one of every three persons over the age of 65 will experience a fall, according to the Centers for Disease Control and Prevention.

In 2005, more than 15,000 people over the age of 65 died as a result of a fall. This is up from 7,700 a decade earlier. 

Another study by the CDC also revealed that at least one of every five falls leads to injuries such as broken bones and head injuries.

And that's not all—over 95% of hip fractures among older adults occur due to slip and fall accidents on sidewalks. As a result, more than 300,000 older adults are hospitalized in the US every year due to slip and falls.

With numbers like these, property owners should be taking extra caution to maintain areas where seniors may be—and not neglecting to tend to hazardous conditions.

The Leading Causes of Elder Slip and Fall Accidents

The leading causes of slip-and-fall accidents among elderly individuals include various physical, environmental, and behavioral factors. These incidents often result in serious injuries for older adults, making it crucial to understand and address the risks. 

Environmental Hazards

Environmental hazards can cause an elderly person to slip, fall, and injure themselves. Spills, rain, or waxed floors can create slippery surfaces and cause an older individual to lose their footing.

Uneven surfaces, such as cracked sidewalks, loose rugs, or uneven flooring, can also cause trips and falls.

Items and clutter left in walkways, such as cords, furniture, or toys, can increase the risk of tripping as well.

Poor Lighting

Inadequate lighting in hallways, staircases, or bathrooms can make it difficult for seniors to see potential hazards.

Common Injuries From Elderly Slip and Fall Accidents

The injuries sustained in a slip and fall can range from minor to life-threatening. For elderly individuals, even minor injuries can significantly impact their quality of life. 

Common injuries include:

• Fractures: Hip fractures are particularly common and often require surgery and extensive rehabilitation.
• Head Injuries: Falls can cause traumatic brain injuries (TBIs), which can have long-term cognitive and physical effects.
• Spinal Injuries: Damage to the spine can result in chronic pain or even paralysis.
• Soft Tissue Injuries: Bruises, sprains, and strains may seem minor but can still require medical treatment and impact mobility.
• Emotional Trauma: The fear of falling again can lead to reduced activity, social isolation, and decreased overall health.

Steps to Take After a Slip and Fall Accident

If an elderly loved one experiences a slip and fall, prioritize their health and safety and seek immediate medical attention. Even if their injuries seem minor, see a doctor as soon as possible. Some injuries, like concussions or soft tissue damage, may not show symptoms right away and can worsen over time if left untreated. Plus, a medical record serves as crucial evidence in a slip and fall injury case.

Before leaving the scene of the accident and if you are able, collect evidence to support your claim that you were harmed due to negligence. Take photographs and video of the hazard, such as an icy walkway or a wet floor. Also take photos of injuries you sustained, such as bruising, broken bones, or other signs of harm.

If witnesses were nearby, gather contact information and statements. Then, report the accident. Notify the property owner, manager, or landlord immediately. If you fell in a business, request to file an official incident report. Request your own copy of this report.

The property owner’s insurance company may reach out to you for a statement. Avoid speaking to them without legal representation, as they may try to minimize your claim or place blame on you.

Finally, contact Morgan & Morgan to learn more about your legal options and to ensure you handle your case correctly. Slip and fall cases can be complex, particularly in winter conditions. At Morgan & Morgan, our attorneys can investigate the circumstances of your accident, gather evidence to prove negligence, negotiate with insurance companies to secure the compensation you deserve, and even take your case to trial if necessary.

Legal Rights After an Elderly Slip and Fall Accident

When an elderly individual is injured in a slip and fall accident, they may have legal recourse to seek compensation for their injuries. Here are some key considerations:

Premises Liability

Property owners and businesses are legally required to maintain safe conditions on their premises. Failing to address hazards like spills, loose carpeting, or icy sidewalks can make them liable for injuries.

Duty of Care

Property owners owe a duty of care to invitees (customers) and licensees (guests). They must take reasonable steps to ensure their property is safe for these individuals.

Negligence

To establish a slip and fall claim, the injured party must prove that the property owner was negligent. This means showing that the owner knew or should have known about the hazard and failed to address it.

Comparative Negligence

Some states use a comparative negligence system, meaning the injured person’s compensation may be reduced if they are found partially at fault for the accident.

Who Is Liable for Elderly Slips and Falls?

Slips and falls occur due to many different reasons, but primarily due to negligence. Individuals or entities that may be held responsible for elderly slips and falls can include:

Nursing Homes

Nursing homes can be liable for elderly slips and falls if the incident occurred due to negligence. When you take your elderly loved one to a nursing home, you expect them to be accorded the love and care they deserve. These facilities should also protect seniors from slips and falls, especially those who need assistance with ambulation. 

If your loved one slips and falls because of negligence, such as a lack of supervision, you may be able to hold the facility responsible.

Business Owners

Slips and falls can also occur in public places such as supermarkets and shopping malls. And since most seniors love shopping to express their independence, they are usually at a high risk of getting injured due to slip and fall accidents. The business owner can be held responsible if older adults get injured under such circumstances.

Residential Property Owner or Manager

Lastly, you may also be able to sue a residential property owner or a property management company if you slip and fall on a residential property. This is because property owners or managers are legally responsible for ensuring that the property is safe from such accidents. Some common causes of slips and falls in a residential property include broken handrails, poor lighting, and debris.

What Compensation Can Be Recovered After a Slip and Fall?

Elderly individuals injured in a slip and fall may be entitled to compensation for:

• Medical Expenses: This includes hospital bills, surgery costs, rehabilitation, and ongoing care.
• Lost Wages: If the injured person was still working, they may recover lost income.
• Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
• Punitive Damages: In cases of gross negligence, the court may award punitive damages to deter similar behavior.

How Can an Attorney Help You or Your Loved One?

An experienced slip and fall attorney can be an invaluable ally when you or an elderly loved one has been injured due to someone else’s negligence. Here’s how they can assist you in seeking justice and fair compensation:

Free and Comprehensive Case Evaluation

A skilled attorney will thoroughly review your case to determine if you have a valid claim against the responsible party. At Morgan & Morgan, we provide free case evaluations, ensuring you can explore your legal options without financial pressure.

Gathering and Assessing Evidence

Attorneys meticulously examine existing evidence and identify what additional information may be needed to strengthen your case. From preserving video footage to collecting witness statements and securing maintenance logs, your attorney ensures no stone is left unturned in building a compelling case.

Identifying Liable Parties

Determining liability is often complex, especially in slip and fall cases where multiple parties may share responsibility. An attorney ensures the correct individuals or entities are held accountable, maximizing your chances of a successful claim.

Developing a Winning Legal Strategy

Slip and fall cases require tailored strategies due to their intricacies. A seasoned attorney leverages their expertise to craft a legal approach aimed at achieving the best possible outcome for your case.

Managing Deadlines and Paperwork

Legal claims involve strict deadlines and meticulous paperwork. Missing a deadline or submitting incomplete documentation could jeopardize your claim. Your attorney ensures compliance with all legal requirements, keeping your case on track.

Negotiating a Fair Settlement

Dealing with insurance companies can be daunting, as they often prioritize minimizing payouts. Your attorney advocates for your best interests during settlement negotiations, striving to secure the compensation you deserve.

Representation in Court

If settlement negotiations fail, your attorney will be prepared to take your case to trial. They’ll handle all aspects of courtroom proceedings and passionately fight for your rights before a judge and jury.

Can I Sue if a Loved One Dies in a Slip and Fall?

Yes, if your loved one passed away due to a slip and fall caused by negligence, you may file a wrongful death lawsuit. This branch of personal injury law holds individuals or entities accountable for actions or inactions that lead to someone’s death. A slip and fall attorney will collaborate with wrongful death specialists to secure the justice and compensation you deserve.

How Can I Prove a Slip and Fall Case?

Elderly victims often face unique challenges in proving slip and fall claims. They may not have the capacity to document the scene or recall details of the accident. Despite these obstacles, an attorney can help establish the following four key elements of negligence:

Duty of Care: The defendant owed the victim a responsibility to maintain a safe environment.

Breach of Duty: The defendant failed to uphold that responsibility.

Causation: The breach of duty directly caused the victim’s injuries.

Damages: The victim suffered losses (medical bills, pain, etc.) due to the injuries.

With their expertise, an attorney can collect evidence, interview witnesses, and build a solid case on your behalf.

Is There a Deadline for Filing a Slip and Fall Lawsuit?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

How Can Morgan & Morgan Help With Slip and Fall Cases?

Morgan & Morgan stands apart as the largest injury law firm in the U.S., with a proven track record of success. Our attorneys serve clients coast-to-coast, with offices in every state, ensuring help is always nearby.

With over $20 billion recovered for clients, our reputation proves that we fight relentlessly for what you deserve, and with over 35 years of experience handling slip and fall cases, we know all the obstacles, tricks, and pitfalls to navigate on the road to recovery.

Our free, no-obligation case evaluations make justice accessible. The Fee Is Free™, and you pay nothing unless we win.

When it comes to slip and fall claims, we combine our extensive resources, legal expertise, and commitment to justice to deliver results. If you or a loved one has been injured in a slip and fall accident, don’t navigate this challenging process alone. Contact Morgan & Morgan today for a free case evaluation and let us fight for the compensation you deserve.