Published on:

Older Adults and Falls: Who is Liable?

In Florida, falls are the top cause of serious injuries and fatalities for seniors. Older adults with health conditions and previous falls are especially vulnerable, but previous falls and conditions in the environment can also contribute to falls.

Hip_replacement_Image_3684-PH-300x241

When older adults fall, their age is sometimes blamed for their injuries, but they can easily have a premises liability claim or a nursing home negligence claim, depending on where the fall took place. The owners of properties have an obligation to keep their properties safe and nursing homes have a duty of care to take extra precautions for vulnerable seniors. When these parties are reckless and fail to meet their duties, they can be held liable if someone is injured.

Preventing Falls Among Older Adults

There are many things caregivers, family members, and nursing homes can do to keep older adults safe from falls:

  • Check medication and side effects regularly: Some medications can cause dizziness, drowsiness, and other side effects that can increase the risk of falls. It’s important to check medications often to ensure no interactions or side effects are putting a senior at risk.
  • Check for near-misses: If an older adult has fallen or is stumbling more often, it may be time to visit the doctor to find supports to prevent a more serious fall. There may be an undiagnosed illness, medication interaction, or other issue which needs to be addressed.
  • Ensure a safe environment: Older adults need a safe environment, and this may mean installing grab bars in the bathroom, securing rugs so they don’t slip, installing bright lighting, and adding other home features to keep the property safe.

Choose shoes carefully: Sturdy shoes with good treads can help prevent falls.

How Do Falls Happen and Who is Responsible?

Falls can happen in a number of ways. Someone can get a dizzy spell or may have trouble seeing properly, and this can cause them to trip. Smooth or uneven flooring surfaces can cause slips, as can stairs and inclines. While slip and fall and trip and fall injuries can seem like accidents, they can lead to different types of claims.

Premises liability claims can occur if a property owner, such as a store owner, failed to clean up spills or provide a safe environment. Nursing home negligence claims can happen if a nursing home did not take care to seek residents safe by adding extra layers of safety for older and ill adults. Medical malpractice claims can occur if a fall happened because a medical professional missed a diagnosis, gave the wrong dose or medication, or otherwise violated the standards and ethics of their profession.

Seniors who fall are at a heightened risk of fatalities, fractures, broken hips, and other serious injury. Any underlying conditions can make the consequences of a fall worse and the road to recovery can be long.

If you’re not sure whether your fall or the fall of a vulnerable loved one qualifies for a legal claim, contact Flaxman Law Group at 1-866-352-9626 (1-866-FLAXMAN) for a free accident consultation. Our legal team has recovered over $100 million on behalf of clients and we bring over 60 years of combined experience to the table. Let’s talk about your concerns.

Client Reviews
★★★★★
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
★★★★★
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
★★★★★
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
★★★★★
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
★★★★★
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
Contact Information