Florida Senior Citizens and Premise Liability
Individuals who are older than 65 are at a greater risk to lose their balance and have a slip and fall accident that will lead to serious injuries, if not death. According to the Centers for Disease Control and Prevention, there are three million emergency room visits by older adults as a result of falls.
Contributing Factors to Slip-and-Falls in Seniors
Seniors are more susceptible to slip and falls than those that are younger because as we age, we lose muscle mass. Less muscle mass adds to a decrease in strength, especially in the lower body. Additionally, a decrease in muscle mass also relates to poor balance and ability to walk for longer periods of time and stay on the feet. The majority of seniors take some type of medication, and these medications can have side effects that may contribute to falls.
Another factor that contributes to seniors’ likelihood of falling is a decrease in clear vision. Like muscle mass degradation over time, the eyes also will start to weaken and vision problems can lead to trips, slips, and falls. All of these factors combined with every day hazards like uneven pavements, slippery surfaces, and poorly marked walkways; even missing a stair in a stairwell can cause falls and significant injuries as a result.
The Stats
There are more than 300,000 elderly individuals who have to be hospitalized for serious hip fractures, and the reality is that 95% of hip fractures are a direct result of falling. Falling sideways, to be specific will often result in fractures. Traumatic brain injuries (TBI) are also prevalent results of falls. Falling and medical treatment have significant costs. In 2015, the entire amount of medical costs for falls was over $50 billion, and 75% of the costs were taken on by Medicare and Medicaid.
Liability
Any individual, old or young, who enters a property has the right to expect that it will be reasonably safe for them. It is the responsibility of the owner of the property to ensure that this expectation is met. If a property is unsafe due to an owner’s negligence in maintenance or upkeep, they will be liable for damages that occur to parties who enter and are injured. When this occurs, it considered “premise liability.” Premise liability is something that is applicable to private businesses, governmental entities, and even the public through private property.
Property owners that know their premises are unsafe and fail to make the adjustments to reduce these risks cause dangerous conditions for others. If injuries occur because of this, the owner is likely to be liable for those injuries that take place on their property. If they know there are hazards, it is also their responsibility to post signage and ensure that those who enter are aware.
In order to file a strong premise liability claim, there is specific information that must be covered. It is imperative to prove the owner of the property where you sustained injuries:
- Knew the hazard was present before the injury occurred
- Created the hazard
Putting together a strong claim be a huge task for most, which is why a Florida slip-and-fall attorney from Fulgencio Law is necessary. When you have been injured in a premise liability case, you need the expertise of a Tampa premise liability lawyer to ensure you see your full legal justice for your injuries, property damages, and potential loss of wages, as well as your emotional distress. You don’t have to take on the legal burdens of filing a claim on your own. Let our experienced Florida personal injury attorneys at Fulgencio Law fight on your behalf. Call us today and speak to one of our effective attorneys about your situation at (813) 463-0123.
