Although slip and falls can be dangerous for anyone, they are especially dangerous for the elderly. Unfortunately, older people tend to slip and fall more often than younger people. Even worse, injuries sustained by older people, even those considered to be relatively minor, can be debilitating. As we age, we take longer to heal and there is an increased risk of complications.

Damages in Slip and Fall Incident

It is possible that you or your loved one may be eligible for compensation after elderly slip and fall accidents. In order to qualify for damages, however, there are certain burdens of proof that must be established. There must have been a dangerous condition that led to the fall and that dangerous condition must have been due to negligence on the part of someone else.

Dangerous Condition

You have a right to expect that reasonable care be taken to protect you from injury and when reasonable care is not taken, resulting in a dangerous condition, you may be eligible for compensation for any damages or injuries. An owner must address reasonably foreseeable conditions that could lead to a slip and fall on their property.

If it snowed the night before and your elderly relative slipped and fell on ice that was not cleared from a walkway, the owner may be liable for their injuries as it was reasonable to expect that ice would have been cleared the next day. However, if snow had begun falling just moments before the fall, the owner may not be responsible as they could not reasonably have cleared the pathway.

Recovering for Negligence

In some cases, negligence may be the cause of elderly slip and fall accidents. There are four elements that must be proven in order to claim negligence:

• Duty – the person responsible had a duty of care to act as another reasonable person would have
• Breach – the person responsible breached that duty of care
• Causation – that breach caused the injury to the elderly person
• Harm – harm was done to the elderly person

If your elderly relative slipped on a patch of ice, the owner of the property breached their duty of care when they did not clear the ice in a timely fashion. If the elderly person suffered no injury, there would not be a claim for negligence as no harm was done. However, if your relative was injured and the slip on the ice caused the injury, they may be eligible for a premises liability claim.

If you or a loved one has been involved in an elderly slip and fall accident, contact the attorneys at Lundy Law to learn what rights you may have. You can arrange for your initial consultation by completing the simple form on our website or giving us a call at 1-800-Lundy Law.