Protecting Elderly Victims in New York Trip and Fall Accidents

Trip and fall accidents are common, but for elderly folks, they can be particularly serious. These incidents happen when someone trips over something and falls, which can lead to severe injuries. In New York, the bustling city streets, uneven sidewalks, and busy public spaces make these accidents more likely, especially for older individuals. With age, the risk of falling increases because of factors like poor eyesight, balance issues, and slower reaction times.

The elderly are more vulnerable in these situations. A simple trip that might not bother a younger person can cause a lot of harm to an older adult. Broken bones, head injuries, and other serious health problems can result from these falls. In New York, where winters are icy and sidewalks can be uneven, these risks are even greater. It’s crucial for older New Yorkers and their families to understand these risks and know what to do if a fall happens.

These accidents don’t just affect physical health. They can impact an elderly person’s independence and mental well-being too. After a fall, some older adults might feel scared to walk around or lose confidence, which can lead to less physical activity and social interaction. This makes knowing about these accidents and how to handle them in New York City vital for maintaining a good quality of life.

New York Laws Pertaining to Elderly Trip and Fall Cases

In New York, the laws about trip and fall accidents are part of what’s called premises liability law. This means that property owners (like store owners or landlords) must keep their places safe so people don’t get hurt. For elderly individuals, these laws are particularly important. If a property owner didn’t take care of a hazard, like a broken sidewalk or icy steps, and an older person falls and gets hurt, that owner might be responsible.

There are special considerations for the elderly under New York law. For example, courts understand that older people might be more prone to injuries from falls. So, if a property owner knew that a lot of elderly people visit their property, they need to be extra careful in making sure it’s safe. This is key for older individuals who experience a trip and fall in places like shopping centers or apartment buildings.

It’s also important to act quickly after a fall. New York law gives you a limited time to start a legal case after an accident. This time limit is called the statute of limitations. For most trip and fall cases in New York, you have three years from the date of the fall to file a lawsuit.

Common Injuries Suffered by Elderly in Trip and Fall Accidents

Elderly people can get hurt in different ways if they trip and fall. Common injuries include:

1. Hip Fractures: Very common in older adults, can be serious and need a long time to heal.

2. Head Injuries: Like concussions, which can be really serious for older people.

3. Broken Bones: Older adults can easily break wrists, arms, ankles, and pelvic bones in falls.

4. Soft Tissue Injuries: Includes bruises and sprains, which can be painful and limit movement.

5. Spinal Cord Injuries: Can be very serious, sometimes causing paralysis.

6. Cuts and Abrasions: Can be a problem for healing, especially if the person has health issues like diabetes.

7. Knee Damage: Injuries to the knee can greatly affect walking.

8. Shoulder Injuries: Like dislocations or fractures, which are painful and need a lot of treatment.

9. Fear of Falling Again: This worry can make them less active and more isolated.

These injuries can have long-term effects. An older person might need a lot of time to recover, and sometimes they may never fully get back to how they were before the fall. This can mean needing long-term care, changes in living situations, and a loss of independence. The emotional impact can be big too, with some elderly individuals developing a fear of falling again, which can limit their activities and social interactions.

Getting medical help right after a fall is crucial. Even if the injury seems minor, it’s important to see a doctor. Some injuries, like head trauma, might not show symptoms immediately but can be very serious. Plus, having medical records is important if you decide to take legal action. These records can show how the fall affected your health and help in getting fair compensation for your injuries.

Proving Liability in Elderly Trip and Fall Cases

To prove liability in a trip and fall case, we need to show that someone’s carelessness caused your fall and injuries. In legal terms, this is called negligence.

Collecting the right evidence is a key part of proving fault in these cases. If you can, take pictures of where you fell and what caused it, like a broken step or a wet floor without a warning sign.

If anyone saw you fall, their account of what happened can be very helpful. We consult with experts who can explain why the area was unsafe and how that led to your fall. All this helps in showing that the property owner didn’t do what they should have to keep you safe.

Remember, in New York, even if you were partly at fault for your fall, you might still be able to get some compensation. This is due to New York’s comparative negligence rule. You can still get compensation, but it might be reduced by your percentage of fault.

Compensation and Damages in Elderly Trip and Fall Lawsuits

After a fall, you might face lots of costs and losses. The law allows you to get money for these, known as damages. This can include medical bills for treating your injuries, money for pain and suffering, and compensation for any wages you lost if you couldn’t work because of your injuries. For elderly individuals, there might also be costs for things like home care or changes needed in your home to help with your recovery.

Figuring out how much money you should get involves looking at all the ways the fall affected your life. This includes both your current costs and any future expenses or losses. For example, if you need ongoing physical therapy or can’t enjoy your hobbies like before, these should be considered.

In New York, if the fall worsens a pre-existing condition, you might still get compensation for this. The law recognizes that a fall can make an existing health problem worse. This is important for older adults who might already have health issues. Law Office of Frank J. Cassisi, P.C. can help show how the fall affected your overall health and work to get compensation that covers all the impacts of your fall.

Preventive Measures and Safety Tips for the Elderly

To help prevent falls, here are simple tips to keep elderly people safe outdoors:

1. Wear Safe Shoes: Choose non-slip, supportive footwear.

2. Use Walking Aids: Canes or walkers help with stability.

3. Exercise Regularly: Stay active to improve balance and strength.

4. Check Eyesight: Regular eye exams help prevent trips and falls.

5. Be Cautious in Bad Weather: Take extra care during ice, snow, or rain.

6. Clear Pathways: Keep sidewalks and paths free of obstacles.

7. Use Handrails: Always hold onto rails on stairs and ramps.

8. Bright Lighting: Make sure outdoor areas are well-lit.

9. Watch the Ground: Look out for uneven surfaces or cracks.

10. Carry a Phone: Have a mobile phone for emergencies.

Knowing the common causes of falls and how to get up safely after falling can be very helpful. If you’re taking care of an elderly person, make sure their environment is safe and they have the support they need to move around safely.

Contact Law Office of Frank J. Cassisi, P.C. to Discuss Your Elderly Trip and Fall Lawsuit

If you or a loved one has been injured in a trip and fall accident in New York, our attorneys are here to help. At the Law Office of Frank J. Cassisi, P.C., we understand the unique challenges that come with these cases, especially for older individuals. We can guide you through the legal process, help gather the evidence needed to support your case, and work to get you the compensation you deserve.

You can call us at (516) 294 5050 to talk directly with one of our attorneys. We’re ready to listen to your story and give you advice on what steps to take next. If you prefer, you can also submit a form on our website to schedule a free consultation. We’ll review your case, answer your questions, and explain how we can help.