Articles Posted in Premises Liability

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College provides students learning experiences that go far beyond education. For many students, this is the first time they live away from home and learn to be adults. It is also a time of increased risk as they build new relationships, socialize with new groups of people and join new activities.  Unfortunately, some students also experience sexual assaults. These assaults often stem from student activities involving alcohol on campus, which is especially seen with sororities and fraternities. In addition, sexual assaults also arise from the failure of colleges and universities to have appropriate safeguards in place for their students.

According to RAINN, the nation’s largest anti-sexual violence organization, sexual violence is not a rare or isolated problem on college campuses. In fact, the first few months at college are when the risk is especially high for students.

The 2015 Campus Climate Survey found that 11.7%  of  undergraduate students experienced nonconsensual sexual contact by physical force or inability to consent. The 2019 Campus Climate Survey conducted by the Association of American Universities found that of the schools that participated in both the 2015 and the 2019 Surveys, that number had increased to 13%  In 60% of reports of rape involving college-age victims (17 – 24) the perpetrator was known to the victim.

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The US population is aging: between 1980 and 2022, the median age increased from 30.0 to 38.9. As the Baby Boomer generation ages, there are increasingly more seniors when compared with the general population. This increase brings with it the increased potential for fall risks in public spaces. According to the CDC, falls were the leading cause of injury death for those 65 and older, and emergency departments reported about 4.5 million visits from seniors after a fall. While often overlooked, improving protections against fall is an important step in preventing slip and fall accidents, especially in seniors for whom such injuries can be debilitating.

The National Council on Aging created a questionnaire for seniors to check their risk of potential falls. It includes some of the following questions:

  • Have you fallen in the past year?
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Older males have a three times higher risk of suffering a traumatic brain injury, mainly in slip and fall accidents.  That information comes from an analysis of 2021 brain injury data which also found that certain racial demographics also have higher rates of brain injury.

The analysis was based on data from the National Vital Statistics System which found that there were approximately 69,473 deaths due to brain injury in 2021.  Men bore the overwhelming brunt of these personal injuries with a majority of persons who suffered fatal brain injuries being adult males above the age of 75.  Men are as much as three times more likely to suffer a fatal traumatic brain injury compared to women.  That makes a lot of sense when you consider that slip and fall accidents are one of the top causes of brain injury in the United States.

The  analysis also found that demographic groups like American Indians or Native Alaskans have a much higher risk of suffering traumatic brain injury  compared to other racial groups, with the two most common causes being suicides and slip and fall accidents  More than 37,000 traumatic brain injury-related wrongful deaths in the analysis were the result of slip and fall accidents, auto accidents, being hit on the head by an object and other such traumatic incidents.

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Senior citizens who drink alcohol have a much higher risk of experiencing brain bleeds after suffering a slip and fall. Increasing awareness among Senior Citizens is the key to preventing these slip and falls which often cause serious personal injuries.

According to a new study, even seniors who drink moderately may be at a much higher risk of suffering a brain bleed if they have been involved in a slip and fall accident. Slip and fall accidents are some of the most devastating adverse events that seniors can experience.  These  accidents can result in the kind of personal injuries that not just permanently injure or disable the senior, but also reduce his life span significantly. Slip and fall  accidents, for instance, can result in hip fractures which some studies have linked to an increased risk of fatality in the year following the personal injury.

According to the researchers, their studies find a strong correlation between regular drinking and intracranial hemorrhage after a slip and fall accident. The risk of suffering a brain bleed after a fall doubled in the case of seniors who drank weekly.  In the case of seniors who drank daily, the risks of suffering a brain bleed increased by 2.5 times.

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As many as one in eight seniors will suffer a traumatic brain injury, mainly as a result of a fall accident.

Researchers arrived at those findings recently through an analysis of Medicare data of more than 9,200 patients covering a period of 18 years.  They found that during this time, 13% of seniors above the age of 65   suffered a brain injury that resulted in a concussion.  Most of these personal injuries occurred during fall accidents.

The  researchers are calling the findings of the study “shocking” and  say that far too many seniors are living with  traumatic brain injuries that expose them to the risk of several health complications.  Brain injuries in seniors may cause other complications including dementia and Parkinson’s disease.  They  can also increase the risk of depression and anxiety in patients who are already at a high risk of such struggles.

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Follow up care is not just important, but also critical after a senior suffers injuries in a slip and fall accident, and yet, new studies find that far too many seniors receive no such after – fall care, resulting in serious consequences.

The new studies find that  as many as 59% of seniors receive no follow – up care after they have suffered personal injuries in a slip and fall accident.  This  is in spite of the fact that it is  well- established that follow up – care after a fall can help   seniors not just recover quickly, but also learn how to avoid falls in the future. It is also in spite of the fact that slip and fall accidents are a serious health concern for American seniors.  For example,  one in four seniors above the age of 65 is expected to suffer a slip and fall accident, sending 8 million persons to hospital   emergency rooms. Even more worrying is the fact that 27,000 seniors suffer fatal personal injuries in slip and fall accidents, while these accidents also contribute to 800,000 personal injuries every year.  In  spite of all these facts, many seniors do not return to the emergency room for follow – up visits after suffering head trauma in a fall.

The researchers focused on a group of 1,500 seniors who had suffered injuries in slip and fall accidents, and found that many of them had not returned to their primary care physician for a follow up in the weeks after the slip and fall accident.  When  seniors did visit a doctor for a follow-up, they were recommended physical therapy as a way to avoid future falls. Physical  therapy can help improve balance, gait, coordination and address other physical aspects of aging that can increase a senior’s risk of suffering a slip and fall accident.

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Winter is coming, and with it comes the risk of slip and fall accidents that can result in serious personal injuries.  Doctors are warning pedestrians, especially the elderly, to be extra cautious while walking during the season.

Atlanta sees  more than its share of snowy, wet and icy conditions during winter, and these can provide ideal conditions for a slip and fall accident.  Sidewalks  and paths can be covered with black ice that may be invisible, but  treacherous enough to cause a fall.

What is the best thing you could do to prevent a slip and fall accident this winter?  The  answer is surprisingly – walk like a penguin.  Slip and fall safety experts say that walking with short, slow steps is the ideal walking pace to prevent a slip and fall accident this winter.  Use heavy, weighted steps and be aware of your surroundings at all times. Avoid walking fast even if the path ahead seems safe and free of ice.  Avoid  taking long strides that can make it hard for you to prevent a fall.

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Seniors who have had limited access to physical exercise and mobility over the past year are reporting frail health and an increased risk of fall accidents that result in injuries.

A new study by the University of Michigan shows that the health crisis of last year meant lost access to their usual opportunities for exercise for many seniors. Even simple walks outside the home became difficult for many seniors in Georgia, and as a result, their collective health has suffered. The study finds that long periods of staying home with only sedentary activity has resulted in frail musculoskeletal health for seniors, and that this has increased their risk for suffering fall accidents significantly.

The researchers surveyed a group of seniors between the ages of 50 and 80 about their access to physical inactivity during 2020, and found that many reported lower levels of exercise. As many as a third of the survey respondents reported that their health declined in 2020, especially during the first few months of the crisis. As many as a quarter reported that they have worse physical health than before the crisis, and that they now have a serious fear of falling.

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Older persons may have a high risk of suffering injuries in a slip and fall accident. Fortunately, we now have devices and technology that can significantly help reduce those risks.

Over the past decade, an entire array of gadgets and devices has been introduced primarily with the goal of helping prevent fall-related injuries involving seniors and other vulnerable populations. From sensors and alarms, to watches and hip-protecting devices, there are a number of technologies that have been introduced to help reduce the risk of injuries in fall accidents involving older people. These technologies range from systems that are in place in facilities like nursing homes to wearable devices that prevent fall risks.

One study by the American Journal of Managed Care found that a camera system powered by artificial intelligence and installed in nursing homes can help reduce the risk of injurious fall accidents involving seniors by a staggering 75 percent. The system can help reduce the number of ER visits after a fall by 80 percent. The study found that the use of the system combined with staff reviews of footage of falls and near-falls involving residents, greatly helped minimize risks.

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This summer brought the return of the vacationers in U.S. after a year of being unable to travel, and with it a return to the use of rental vacation properties.  U.S. federal regulators are calling on vacation rental websites like Airbnb to review and strengthen their policies to protect customers from injuries caused by outdated elevators on properties listed on their websites.

The U.S. Consumer Product Safety Commission is specifically calling on platforms like Airbnb and VRBO to alert customers to the risks from outdated elevators on their rental properties. There have been a number of elevator-related injuries in such vacation rental properties across the country, and some of these injuries have been fatal.  The most recent incident involved the death of a seven year-old child who suffered fatal injuries when he became entrapped between the doors of the elevator. The accident occurred at a beach vacation home.

The Consumer Product Safety Commission is calling on holiday and vacation rental websites like Airbnb and Trip Advisor to require their hosts who rent out these properties to disable any residential elevators on their properties. The Consumer Product Safety Commission is asking that hosts provide recent certification from inspectors, certifying that there are no hazardous gaps between the doors of their elevators.

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