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Can my senior parent sue for their fall?

On Behalf of | Nov 16, 2021 | Premises Liability

For some, a slip and fall can be a minor accident. But that is not the case for many people, especially for older adults. If your senior parent fell and got injured in another’s property, they may be able to file a legal claim against the owner of the property if their negligence caused their injury. That way, they could receive compensation for all of their medical expenses and other losses.

When the owner is at fault

The most common injuries that elderly people get from falls are fractures of the hip, humerus and pelvis. They can also suffer from dislocation and laceration. These injuries are complicated to recover from at an old age. Additionally, they may require extensive and expensive medical treatment. However, your parent doesn’t have to pay for this if they fell in an establishment, as they can ask the owner for compensation if their negligence caused their injury.

The law considers an owner to be negligent when they knew, or should have known, there was a dangerous condition in their establishment, and they did not do anything to fix the condition. The court would also consider a person negligent if they knew about the condition and did not warn the people on their property about the possible risks. Some examples of dangerous conditions are:

  • Torn carpets
  • Narrow stairs
  • Uneven terrain
  • Broken furniture
  • Wet or greasy floors
  • Objects left on the floor
  • Poor lighting
  • Damaged sidewalks
  • Broken railings

If any of these conditions caused your parent to fall, they can file a personal injury lawsuit within two years after the day of the injury or one year from the date the injury was discovered.

Their rightful compensation

Your parent could get their rightful compensation if they file the claim within the established time frame. If they win the suit, the owner will have to compensate them for their economic and non-economic damages. In some extreme cases, plaintiffs can also recover punitive damages if the owner’s negligence was extreme.

Fighting back

Your parent’s injuries are a serious matter, and they don’t deserve to pay for another’s mistake. Because of that, the state of California allows them to ask for compensation from the owner if they caused their injury.  At Woods | Williford Personal Injury Attorneys we have experience in these cases, and we could represent your loved one in court. We can fight for their rights and maximize their probabilities of compensation by proving the owner’s negligence to the judge.