When an older person breaks a hip or suffers other injuries from slipping and falling in a nursing home or elsewhere, people want to know who is going to pay for it.
Falls can lead to complications like pneumonia that can be fatal to an elderly person. Broken bones can rob the senior of the ability to walk independently. If another party is liable for the fall, the elderly person may pursue a personal injury case to recover compensation for damages.
Parties That May Be Liable for an Elderly Peron’s Fall
The property owner’s duty to people on the property depends on whether the visiting person was an invitee, a licensee, or a trespasser. Further, whether the elderly person was a resident of a facility where the slip and fall occurred also affects liability.
Some of the parties that may be liable for an elderly person’s slip and fall include:
- Nursing home
- Residential care facility
- Assisted living facility
- Commercial establishment (restaurant, store)
- Office building
- Doctor’s office
- Personal residence
To hold the defendant liable for the accident, the premises liability or nursing home negligence case must establish four things.
An Elderly Slip and Fall Case Must Prove These 4 Things
A defendant may be liable for a slip and fall if the injured party can prove these four elements of liability:
- There was a dangerous condition on the property.
- The defendant knew or should have known about the hazardous condition.
- The defendant failed to post adequate warning signs or take reasonable steps to prevent a slip and fall.
- As a result, the plaintiff suffered a physical injury and damages.
Additional Variables That Can Affect Legal Responsibility
Other variables can affect who is liable when an elderly person slips and falls. These can include:
Location of the Fall
Where the slip and fall accident happens is a significant factor in determining who is liable for damages. For example:
- On a public bus, we can look into filing against the government entity that operates the bus system, like MARTA.
- On a tour bus, the company that owns and operates the bus.
- On residential or commercial property, the property owner.
Cause of the Fall
For a defendant to be liable for the injuries of an elderly person who slips and falls, the owner’s negligence must have caused the fall. Thus, the elderly person’s case must establish negligence and liability.
We can build your case to establish negligence by presenting evidence that may include:
- Photographs of the accident scene
- Video surveillance depicting the fall
- Statements from eyewitnesses
- Expert witness testimony
Call the Law Office of Jason R. Schultz, PC today so that we can evaluate the case and help you fight for compensation to cover the elderly person’s damages. Contact us at 404-474-0804 for your free case evaluation.