If you’re in your senior years and/or you have balance or mobility issues, you may think that holding a property owner liable if you trip or slip and fall would be futile. Maybe you’re even frustrated with yourself for falling.
Many people assume that the property owner (or their attorneys) will contend that a more able-bodied person would have been able to catch themselves if they tripped on a vacuum cleaner cord running across the floor or a spill that wasn’t cleaned up. They might fear they’ll claim that the injuries were serious only because of their age and more brittle bones.
Four things need to be proven
That all might be true. However, that doesn’t mean that the property owner doesn’t have liability for your injuries. You don’t have to be in perfect physical shape to file a premises liability claim. You do have to prove four things:
A property owner has a duty to prevent potentially dangerous conditions. If they’re aware or should have been aware of such a condition and do nothing to remedy it or at least warn people of it (such as with a sign), then they’ve breached that duty. If that condition caused harm, they can typically be held liable.
Anyone can fall under certain conditions, and anyone can suffer injuries. Don’t let a property owner or anyone else try to convince you that the fall was your own fault or make you feel embarrassed about it if you believe that there was a dangerous condition on the property that should have been remedied. If you believe you have a right to seek compensation for medical bills and other expenses, it’s best to seek legal advice.