Elderly Falls & Premises Liability: Do You Have a Strong Case?

Elderly Falls & Premises Liability: Do You Have a Strong Case?

• Mar 27, 2025
• Admin

Falls among older adults are a major public health concern. According to the Centers for Disease Control and Prevention (CDC), more than 3 million seniors visit emergency rooms each year due to fall-related injuries. In many cases, these incidents happen on someone else’s property, such as a grocery store, hotel, apartment building, or nursing home. When an elderly person falls due to unsafe conditions, they may have a right to file a premises liability case against the property owner. However, not every fall results in a valid legal claim.

To build a strong case, the injured party must prove that the fall was caused by the property owner’s negligence. This means showing that the owner failed to address a known hazard or did not take reasonable steps to prevent injuries. Understanding what makes a solid claim can help injured individuals and their families seek justice.

Understanding Premises Liability in Elderly Falls

Property owners have a legal duty to maintain a safe environment for visitors. This responsibility applies to businesses, landlords, and even private property owners in certain situations. If they fail to keep their premises safe, they may be held liable for injuries that occur as a result.

To establish liability, the following conditions must be met:

The owner had a duty to keep the property reasonably safe.

A dangerous condition existed, such as a wet floor, poor lighting, or uneven pavement.

The owner knew (or should have known) about the hazard but did not fix it.

The dangerous condition directly caused the fall and resulting injuries.

Not every accident will lead to legal responsibility. If a property owner took reasonable precautions or had no way of knowing about the hazard, they may not be held accountable. That is why strong evidence is crucial in these cases.

Key Elements That Strengthen a Claim

Clear Evidence of Negligence

The foundation of a premises liability case is proving that the property owner was negligent. Negligence means the owner either failed to fix a dangerous condition or did not warn visitors about the risk. For example, if a grocery store has a spill that remains uncleaned for hours without a warning sign, the store may be liable for any injuries that occur.

Strong evidence may include:

Security camera footage showing the hazard

Witness statements confirming unsafe conditions

Maintenance records proving a lack of upkeep

Photographs of the scene, taken immediately after the fall

Severe Injuries With Medical Documentation

A strong case typically involves significant injuries that impact a person’s quality of life. For elderly individuals, falls can cause broken hips, spinal injuries, or head trauma, leading to long-term complications. Medical records, X-rays, and doctor’s reports serve as important evidence to show the extent of the harm caused by the fall.

If the injury results in hospitalization, surgery, or extended rehabilitation, the case becomes even stronger. A minor bruise or scratch will not be enough to justify legal action.

Timely Filing of a Claim

Every state has a legal deadline, called the statute of limitations, for filing a premises liability case. This time limit varies but typically ranges from one to four years. Failing to file a claim within this period can result in losing the right to seek compensation. Acting quickly ensures that evidence is preserved, witnesses’ memories remain fresh, and legal options are not lost.

Proof That the Owner Was Aware of the Hazard

One of the biggest challenges in these cases is proving that the property owner knew—or should have known—about the dangerous condition. A business or landlord cannot fix a problem if they were unaware of it. However, if the hazard was present for a long time and the owner ignored it, they may be found responsible.

Some ways to prove knowledge of the hazard include:

• Past complaints from customers or tenants about the same issue
• Inspection reports showing neglected maintenance
• Testimonies from employees who saw the hazard but did nothing
• Photos or videos showing the condition existed for a prolonged period

Legal Representation

Hiring a premises injury lawyer can improve the chances of a successful claim. They help gather evidence, negotiate with insurance companies, and handle legal procedures. Many cases are settled outside of court, but having legal assistance ensures fair compensation for the injured person.

Common Defenses Property Owners Use

Property owners often try to avoid responsibility by arguing that the injured person was at fault. Some common defenses include:

Comparative Negligence: The injured person contributed to the fall, such as by wearing unsafe footwear or not paying attention.

Obvious Hazard: The dangerous condition was easy to see, and a reasonable person would have avoided it.

Lack of Notice: The property owner claims they had no reasonable way of knowing about the hazard before the fall occurred.

Understanding these defenses helps in preparing counterarguments to strengthen the claim.

Compensation for Elderly Fall Victims

If a premises liability case is successful, the injured person may be entitled to compensation for:

Medical Expenses: Hospital bills, surgery, rehabilitation, and medications

Pain and Suffering: Physical and emotional distress caused by the injury

Long-Term Care Costs: In-home assistance, physical therapy, or nursing home care

Lost Income: If the injured person was still working and had to take time off due to the injury

The amount of compensation depends on the severity of the injuries and the impact on daily life.

Steps to Take After an Elderly Fall

If an elderly person falls due to unsafe property conditions, taking the right steps can help protect their legal rights:

Seek Immediate Medical Attention: Even if injuries are not visible, internal damage can occur.

Document the Scene: Take photos of the hazard, surroundings, and any visible injuries.

Collect Witness Information: If anyone saw the fall, their testimony can be useful later.

Report the Incident: Notify the property owner or manager and request a written report.

Preserve Evidence: Keep medical records, receipts, and any communication related to the fall.

Consult with a Lawyer: Premises injury lawyer can evaluate the case and determine the best legal approach.

Protect Your Loved Ones – Get the Legal Help You Need

Elderly falls can have devastating consequences, especially when they result from unsafe property conditions. If a negligent property owner is responsible for your loved one’s injuries, you have the right to seek justice. A strong premises liability case requires solid evidence, medical documentation, and timely legal action. But you don’t have to navigate this process alone.

At Bendell Law Firm, PLLC, Attorney Jim Bendell is here to fight for you. With extensive experience in premises liability cases, Jim understands how to hold negligent property owners accountable and secure the compensation you deserve. Clients trust him for his honest approach, strong courtroom skills, and dedication to achieving results.

Don’t wait to take action—time limits apply to these cases, and delaying can weaken your claim. Call Bendell Law Firm, PLLC today for a free consultation. Let Jim Bendell put his experience to work for you and help you get the justice you deserve.