Slip and fall accidents are the most common cause of personal injury for seniors, turning routine activities into dangerous ordeals. In bustling urban areas, calmer suburban surroundings, and even in rural areas, slip and fall hazards lurk everywhere – from cracked sidewalks to wet supermarket floors. For older adults, these distressing slip and fall accidents can lead to serious injuries such as hip fractures or traumatic brain injuries (TBI) that severely affect quality of life. Beyond physical harm, the financial aftermath of medical bills and lost income adds immense stress to seniors.
Fortunately, “premises liability” laws throughout the country are designed to protect slip and fall victims by holding negligent property owners accountable. To understand the key issues involved in slip and fall lawsuits that are very important for senior citizens, Senior Living spoke with Eleonora Zeltser, an expert slip and fall accident lawyer from Braff Law Car Accident Personal Injury Lawyers in Los Angeles. Our conversation discussed why seniors face heightened risks of a slip and fall accident, and how legal expertise from a skilled personal injury lawyer can help elderly victims get justice and compensation.
Senior Living: Eleonora, thank you for speaking with us. Why are seniors particularly vulnerable to slip and fall accidents?
Mrs. Zeltser: The harsh reality is that 1 in 4 Americans over the age of 65 will experience a slip and fall accident at some point, according to the Centers for Disease Control and Prevention. As we age, natural changes occur in the human body, such as reduced balance, weaker bones, slower reflexes and vision impairments. Each of these things increases seniors' susceptibility to falls. Simple hazards, like puddles or uneven pavement that younger people easily navigate, become serious threats to a senior. Additionally, seniors often take medications that affect their stability or cognition. All of these factors combine to make slip and fall accidents more frequent (and more dangerous) for older adults.
Senior Living: What are the most common causes of slip and fall accidents in places where seniors frequent?
Mrs. Zeltser: Primarily, we see countless slip and fall accidents caused by wet floors in supermarkets, usually from spills or mopping without proper signage. Cracked and uneven sidewalks also pose huge risks – especially since many public areas lack adequate maintenance. Poor lighting in parking lots or inside buildings increases the danger of a slip and fall accident as well. Furthermore, broken stairs without handrails add another layer of risk for elderly individuals who rely on support when moving around.
Senior Living: What should a senior do immediately after a slip and fall accident?
Mrs. Zeltser: First and foremost, it’s vital that an injured senior should seek medical care right away – even if their injuries aren’t obvious at first. This creates an official record linking their slip and fall injuries to the accident. Next, document everything at the accident scene – try to take photos of the hazard that caused the fall from multiple angles, along with any visible injuries. Then, get contact information from any witnesses and report the incident immediately to property management to create another official record.
Senior Living: How do “premises liability” laws protect seniors injured in slip and fall accidents?
Mrs. Zeltser: “Premises liability” laws require property owners to maintain safe conditions at all times. If a store owner knows about a spill but doesn’t clean it promptly (or warn their customers), they can be held legally responsible for injuries caused by negligence. Similarly, cities have a duty to repair sidewalks (or at least warn pedestrians about hazards). Under the law, proving premises liability can lead to compensation for the victim’s medical expenses, lost wages, pain and suffering, and even punitive damages if gross negligence is shown.
Senior Living: Why is hiring a slip and fall lawyer beneficial for a senior who wishes to pursue a personal injury claim?
Mrs. Zeltser: Slip and fall law is complex. This is especially true when you’re dealing with government entities like city sidewalk claims, or challenging insurance companies’ denial tactics. A successful Los Angeles slip and fall accident lawyer with premises liability expertise ensures all deadlines are met, since the statute of limitations is very strict. A specialist slip and fall attorney in Los Angeles also ensures evidence is preserved properly, and negotiations proceed carefully toward full compensation for the victim. At Braff Law Firm, our Los Angeles slip and fall lawyers offer a “no win, no fee” contingency fee method, so seniors should never hesitate to seek justice and compensation.
Senior Living: How are compensation amounts determined in senior slip and fall accident cases?
Mrs. Zeltser: Compensation for a slip and fall accident varies depending on several factors. Seniors often have greater medical expenses, but those who are well past retirement would not pursue compensation for lost income. However, seniors hurt in a slip and fall would also seek compensation for property damage like broken glasses or mobility aids, plus non-economic damages covering pain, suffering, emotional distress, and reduced quality of life. Cases involving permanent disability or traumatic brain injury (TBI) usually result in higher awards, due to the long-term impact on independence.
Senior Living: Many seniors fear insurance companies who tend to minimize payouts in these injury cases. How does a slip and fall lawyer help?
Mrs. Zeltser: Yes, that’s an unfortunate reality. Insurance adjusters use tactics like disputing injury severity or blaming the victim for the fall – they use these especially against seniors who seem the most vulnerable. But hope is not lost: Expert slip and fall lawyers in Los Angeles understand how to defeat these deceptive strategies by gathering thorough evidence and negotiating assertively. They know how to leverage precedents specific to premises liability law to greatly increase your slip and fall accident’s settlement offer.
Senior Living: From a legal perspective, what are the fundamental differences between a slip and fall accident and a trip and fall accident?
Mrs. Zeltser: From a legal perspective, both are premises liability cases, but the two types of accidents require different evidence to prove negligence. A slip and fall accident focuses on hazardous conditions like wet or slippery floors; a trip and fall accident centers on obstacles or structural defects causing tripping. Ultimately, liability and compensation depend on proving the property owner’s failure to maintain safe premises.
Senior Living: Finally, what advice do you have for seniors wanting to avoid a slip and fall accident?
Mrs. Zeltser: The most important thing is to stay vigilant in unfamiliar environments. Seniors should not have to restrict their movement for fear of a slip and fall accident. Watch your step, especially on wet floors and uneven surfaces; use handrails whenever possible; and wear proper footwear with good traction. And don’t hesitate to contact our Los Angeles slip and fall accident lawyers if you suffer a fall on someone else’s LA property – this could be the difference between getting stuck with numerous costly slip and fall expenses or receiving your rightful compensation for your suffering.
In conclusion, slip and fall accidents pose grave risks for seniors navigating everyday places – from sidewalks outside their homes to aisles inside supermarkets. Slip and fall accidents can cause debilitating injuries with lasting consequences physically, emotionally and financially. However, under the protection of premises liability law – and armed with expert guidance from a knowledgeable Los Angeles slip and fall accident lawyer such as Eleonora Zeltser – injured seniors have powerful resources at their disposal for getting justice and compensation.