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Don't let a property owner unfairly blame a fall on age

Anyone can suffer a slip-and-fall injury, regardless of their age and physical dexterity. As we noted in a recent post, not all slip-and-fall victims are senior citizens. However, as we also noted, falls are generally more serious for seniors and, in fact, are the leading cause of death.

People's bones become more brittle as they age, so they break more easily. Further, the healing process takes longer for older people than it would for a younger person. They may never fully recover from the injuries suffered in a fall and may require full-time care.

This requires money -- perhaps a significant amount. However, if an elderly person falls in a nursing home, store or other premises, the owner may try to argue that it was the person's age that caused the fall rather than any dangerous conditions they could have prevented.

Plaintiffs in premises liability cases, regardless of their age, need to show that they were injured because of an unaddressed dangerous condition that the owner either knew about or should have known about. If you are suing a property owner for negligence, there are four elements that need to be proven:

  • Duty
  • Breach
  • Causation
  • Harm

Not all property owners have the same duty of care. For example, nursing home owners have a higher level of duty to their residents than a store owner. However, they both have a duty to prevent injuries that they could reasonably anticipate.

If an elderly loved one has suffered an injury that you believe was caused by a property owner's negligence, it's important to explore your legal options. If there was a potentially dangerous condition that went unaddressed, you may have a solid case. Don't assume that the victim fell simply because they are old. An experienced attorney can work to make the case that the property owner breached their duty of care, and that this breach resulted in the injury.

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