Elderly individuals face elevated slip and fall risks and suffer more serious injuries when falls occur. Special considerations apply to senior fall cases, from heightened property owner duties to unique damage calculations for older victims.
Elevated Fall Risk for Seniors
Age-related factors increase fall risk for elderly individuals:
Decreased vision makes hazards harder to spot. Balance and coordination decline with age. Slower reflexes reduce ability to catch oneself. Medications may cause dizziness or disorientation. Cognitive changes affect hazard perception.
Property owners should anticipate these vulnerabilities when maintaining premises likely to be used by seniors.
Severity of Senior Fall Injuries
Falls that might cause minor injuries in younger people often cause serious harm to seniors. Age-related bone fragility leads to fractures from falls that wouldn't break younger bones. Hip fractures are particularly common and devastating.
Recovery is slower and often incomplete. Falls frequently trigger cascading health declines. Many seniors never return to pre-fall function levels. Fall-related injuries are a leading cause of death in people over 65.
Heightened Duty Arguments
When property owners know or should expect elderly visitors, they may face heightened duties. Senior living facilities, medical offices, and businesses catering to older customers must account for their clientele's vulnerabilities.
Reasonable accommodations might include enhanced lighting, handrails, non-slip surfaces, reduced clutter, and prompt hazard remediation.
Pre-Existing Conditions
Defendants often argue pre-existing conditions caused or contributed to injuries. The "eggshell plaintiff" rule counters this: defendants take plaintiffs as they find them. If a fall aggravates pre-existing osteoporosis causing a fracture, the defendant is liable for the fracture.
However, defendants may argue some injuries would have occurred regardless of the fall, requiring careful medical evidence on causation.
Life Care and Future Damages
Senior fall victims may need extensive future care. Life care planners project future medical needs, assisted living costs, and support services. While remaining life expectancy affects future damage calculations, serious injuries still justify substantial claims.
Future lost earnings are less significant for retired seniors, but loss of independence and quality of life remain compensable.
Nursing Home and Assisted Living Falls
Falls in care facilities raise additional issues. Facilities have duties to assess fall risk and implement appropriate precautions for each resident. Failure to follow care plans, inadequate supervision, and understaffing contribute to facility falls.
These cases may involve both premises liability and nursing home neglect theories.
Comparative Fault Considerations
Defense attorneys may argue elderly plaintiffs were negligent in not using assistive devices, walking in areas beyond their capability, or failing to request assistance. Counter these arguments by showing the plaintiff was acting reasonably for their condition and that the property owner should have provided a safer environment.
Family Member Claims
Adult children or spouses who provide care after a senior's fall may have claims for their caregiving expenses and lost wages. Loss of consortium claims compensate spouses for lost companionship and support.
Wrongful Death
When falls lead to death—whether immediately or through complications—wrongful death claims apply. Even elderly decedents with limited remaining life expectancy support wrongful death recovery for family members' losses.
Pursuing Senior Fall Claims
If an elderly family member fell due to property hazards, document injuries and the hazardous condition. Obtain medical records documenting how the fall affected their health trajectory. Consult an attorney experienced in senior injury cases who understands the unique damages and liability issues involved.