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If your elderly mom or dad slipped and fell at the grocery store, would you know what steps to take next?
Millions of seniors fall each year and sustain serious injuries. The scariest part? Many accidents are caused by property owners not maintaining their spaces.
But here's the good news…
Knowing about premises liability can give your family the upper hand after an accident. Armed with the right information, families can protect their rights to compensation.
Let's dive into everything you need to know…
What You'll Learn…
Why Falls In The Elderly Are Dangerous
What Is Premises Liability?
Steps To Take After An Accident
When Property Owners Are Responsible For Falls
How To Protect Your Family's Rights After An Accident
Why Falls In The Elderly Are Dangerous
Falling down isn't just frustrating for your elderly loved one.
When seniors fall, they can suffer serious injuries that change their life forever. Falls are the leading cause of injury for older adults.
Consider this…
One in five falls result in serious injury to bones and head. Falls can cause hip fractures and traumatic brain injuries. These types of accidents can mean extended hospital stays followed by painful recoveries.
Even more concerning:
Nearly 95% of hip fractures are caused by falling. To put that into perspective, most elderly falls lead to a hip fracture.
Hip fractures can lead to life-changing injuries for seniors. They also lead to early death.
Here's what you should know about why elderly falls are so dangerous:
As we age, our bodies don't always function how they used to. Vision starts to fail us. Bones become weak. Balance is harder to maintain. And medications make some elders dizzy.
Property owners should be aware of these dangers. But when they don't keep their spaces safe, falls happen.
What Is Premises Liability?
Premises liability refers to a property owner's responsibility for accidents on their property.
Put simply…
If someone gets hurt on your property due to unsafe conditions, you could be held liable. Whether your family owns a store or lives in an apartment building, you are responsible for keeping visitors safe.
No one wants someone to get hurt on their property. That is why landlords and owners must maintain their spaces and fix dangers.
Whether it's slippery floors in a grocery store or torn carpet in an apartment, hazards should be repaired. Failure to do so is negligence.
Elderly fall victims should talk to a Slip and Fall Law Firm lawyer about their legal rights. Premises liability cases hinge on proving the owner knew about the hazard.
Some common premises liability hazards include…
Wet floors
Broken stairs
Uneven surfaces
Slippery sidewalks
Objects in walkways
Poor lighting
There are many hazards that elderly victims cannot avoid. Property owners should be doing more to protect visitors.
Steps To Take After An Accident
Your aging loved one just had an accident. What do you do?
The hours after a fall are critical. You want to make sure your parent can recover without financial worry. Here are the steps you should take:
Seek Medical Attention
Always seek medical treatment after a fall. Some injuries have delayed symptoms. You don't know the extent of the damage unless you get checked out by a doctor.
Document The Accident
Take photos of the scene. Capture the hazard that caused the fall. Take close-up photos of any injuries. Documentation like this can come in handy later.
Report What Happened
Report the accident to the property owner or manager. Make sure to ask for a written incident report. Request a copy for your records.
Get Contact Info
If anyone witnessed the fall, ask for their name and number. Witness testimony can help with your premises liability case.
Save Medical Records
Keep every slip and fall medical report. This includes the ER visit, follow-up appointments, and physical therapy.
When in doubt, don't wait. Injuries can worsen. Evidence can be gone. And time matters with these types of cases.
When Property Owners Are Responsible
Let's say your mom fell and broke her hip at the grocery store. Can the store owner be held liable for your mom's injuries?
The simple answer? It depends.
Property owners are generally responsible when someone is injured on their property. However, certain elements must be met in order to prove negligence.
In order to hold a property owner liable for injuries, these things must be true…
The owner was responsible for maintaining the property
The owner knew about the dangerous condition
The owner failed to fix the problem or warn guests
The failure to fix the problem caused the accident
The burden of proof lies on you as the victim. Property owners typically deny responsibility. They try to blame the fall on the victim.
Nursing homes and assisted living facilities have a heightened responsibility to keep residents safe from injury.
Strict Responsibility When Seniors Fall In Nursing Homes
Nursing home falls are a serious concern for families all over the country.
Nursing homes should provide a safe place for elderly residents to live. Yet slip and fall accidents are some of the most common injuries in these facilities.
If a nursing home properly cares for their residents they will assess each individual fall risk when they're admitted to the facility. Then they create a personalized plan of care and follow up with high-risk patients.
Families should watch out for nursing homes cutting corners when it comes to senior care.
How To Protect Your Family's Rights
You have rights as a victim of a slip and fall accident. Taking quick action helps protect those rights.
The best first step is to contact a lawyer. Most personal injury lawyers offer free consultations. They can go over the details of your case and explain your legal options.
You also don't want to wait. Every state has a time limit on how long you have to file a personal injury claim. If you wait too long, you could lose your ability to recover damages.
Try not to accept the first settlement offer from an insurance company. Insurance companies often offer quick, low-ball settlements. You shouldn't sign any paperwork or give a recorded statement until you've spoken with a lawyer.
Don't be afraid to ask questions and seek answers. Your family has gone through enough already.
Finishing Up
Falls are scary for your elderly family members.
Not only is there the impact of the fall. There are medical bills and rehabilitation from the injury itself.
But you don't have to face this process alone. There are laws and regulations in place to help victims seek the compensation they deserve.
Property owners have a duty to maintain their spaces and keep visitors safe. When they don't, families have rights!
Let's review what we learned…
Take photos of the accident scene
Seek medical treatment
Report the incident to the property owner
Gather witness information and testimony
Contact a personal injury attorney
We know falls in the elderly are often caused by negligence. Don't let property owners avoid responsibility.
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