Monmouth County Senior Citizen Slip and Fall Attorneys

Slip and Fall Law Firm in New Jersey

According to the American Academy of Orthopaedic Surgeons, 1 in every 3 Americans older than 65 experiences a fall, making it the leading cause of injury among seniors.  If you are over the age of 50 your chances or 1 in 5. Falls result in more than 2.8 million injuries treated in emergency departments annually, including over 800,000 hospitalizations and more than 27,000 deaths.

Reasons for Falls

Research shows that 60 percent of fatal falls occur in the home, 30 percent in public places, and 10 percent in health care institutions Many of the reasons that baby boomers fall can be controlled and reduced by homeowners, stores, and other public places.  These include

  • Slippery surfaces
  • Uneven flooring,
  • Poor lighting
  • Failure to differentiate steps with a different color
  • Unstable or lack of handrails
  • Obstacles such as loose rugs and steps
  • Unstable furniture
  • Objects left lying on floors or steps
  • Failure to warn of a change in surface.

Longer Healing Times and Serious Injuries

Those over age 50 also have more complicated recoveries and suffer more serious injuries such as

  • Higher percentage of broken bones
  • More serious fractures
  • Longer time for bones to heal
  • Increased risk of blood clots
  • Increased risk of infection and skin breakdown
  • Increased risk of bed sores due to longer hospital stays and longer rehabilitation

Property Owner Defenses

Often the property owner will claim that the injured person should have been stronger, steadier on their feet, or more careful or vigilant, the fall would not have happened.  The defense will also try to blame poor eyesight or dizziness.   If the plaintiff is a woman, the defense may argue that the prevalence of osteoporosis in post-menopausal women was a cause of the injury.

Presenting Your Case

In New Jersey, if someone’s negligent conduct causes physical harm to a person that, because of preexisting physical or mental condition or other characteristics of the person, is of a greater magnitude or different type than might reasonably be expected, they are still to liability for all such harm in the person.

Commercial premises owners who seek business from people of all ages cannot claim they should not compensate that person because of their prior condition.   The business cannot expect that every customer will be psychologically and physiologically strong.

Statistics demonstrate that slips, trips, and falls are on the rise among the elderly.  Epidemiological evidence shows that these injuries often result in loss of mobility, lengthy institutionalization, and death.  In addition to pain and suffering and medical bills, older victims often need to modify their home with hospital beds, ramps, rails, grab bars, lifts, and special toilets.  Not only is the cost astronomical but after living independently for many years, the victim is often left with an emotional overlay of living with such changes.

Contact Our Firm

Tomes Law Firm, PC. has decades of experience helping clients through tough times. If you need a consultation with an effective legal team, contact our firm for a free consultation.