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Filing Slip and Fall Claims Involving Seniors

As we age, we become more vulnerable to injuries, especially after an accident.  Senior citizens have a higher risk of suffering falls due to a variety of reasons.  Many of the reasons are caused by deteriorating health conditions, which in turn can result in serious injury after a fall accident.

As you get older, gait and balance may be affected and compromised, making it much more likely that you will lose your balance and suffer a fall. Muscular weakness is another common factor in slip and fall accidents. While bone health is a common focus of senior health, muscular weakness is often ignored. This is in spite of the fact that seniors may have a higher risk of muscular weakness as they age. Muscular strength is critical in helping to maintain proper gait and balance.  If you’re suffering from weakened muscle strength, it becomes harder to maintain your balance and avoid a fall.

Worsening vision can also increase a senior’s risk of a trip and fall.  Failing vision often contributes to falls. Ideally, a senior should have an eye exam every 6 months. If your loved one falls in this high-risk category, make sure that he takes regular eye exams.  Regular physical exams are also very important.

When your loved one has suffered a slip and fall accident on someone else’s property, he may be eligible to file a claim for damages.  It is important for you to be aware of the steps involved in proving the liability of the property owner to recover compensation.  Under Georgia law, a plaintiff must be able to prove that he was an invitee on the premises, and that the property owner owed him a duty in keeping the property safe for him to use. For example, if you were a customer in a store or a shopping mall, or at a restaurant, you are considered an invitee. Being able to prove that you had a legal right to be on the property will be key to a successful claim for damages for injuries suffered after a fall.

You must also be able to prove that the property owner had actual knowledge of the risk or hazard on his property. This can be more difficult to prove than you think.  It’s not enough to prove that there was a hazard on the property. You must be able to also provide evidence that the owner had knowledge of the risk, which can be tricky. For example, if the property owner is located nearby to the property, it may be easier to prove that he should have been aware of the danger. If the owner is located further away from the property, you may have to prove that proper inspections should have revealed dangers on the property and the owner failed to do so.

If your loved one has suffered injuries from a slip and fall accident, speak to one of our Atlanta slip and fall lawyers at our firm to learn whether your claim qualifies for damages.  It is important to talk to an attorney before you file a claim for damages so you know all of your legal rights to a claim.   Our slip and fall attorneys at the Katz Personal Injury Lawyers can help guide you in your injury claim.


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