Falls pose a serious threat to older adults. According to the CDC, about one in four adults age 65 and older reports falling each year. When a slick floor, broken step, or dark stairwell causes the fall, the results can change a life. An elderly fall injury often means a hip fracture, a head injury, or a long stay in rehabilitation. This article explains when a property owner may be responsible, why insurers fight these claims, and why families should talk to a lawyer early.
Why Falls Hurt Older Adults So Badly
A fall that would bruise a younger person can break bones in an older adult. Bones lose density with age, and recovery takes longer. Additionally, many older adults take blood thinners, which can turn a minor head bump into dangerous bleeding.
The consequences often extend far beyond the hospital. Some seniors lose their independence and need long-term care. As a result, the costs of a serious fall can climb quickly.
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Call (980) 246-2656Who Is Liable for an Elderly Fall Injury?
Georgia law places different duties on different property owners. Where the fall happened often decides whether a claim exists.
Stores, restaurants, and businesses. Georgia requires businesses to use ordinary care to keep their premises safe for customers. Generally, the injured person must show the owner knew or should have known about the hazard. The owner’s superior knowledge of the danger is the heart of these cases.
Apartment complexes. Landlords who control common areas, such as stairways and walkways, owe residents and their guests a duty of ordinary care there.
Nursing homes and hospitals. These facilities often know which residents face a high risk of falling. When staff ignore that risk, the facility may be responsible. However, some claims against medical providers carry special requirements, including expert support from the start.
A friend’s or relative’s home. Georgia treats a social guest very differently. Homeowners generally owe a guest a much narrower duty than a business owes a customer.
Why Fall Claims Are Often Contested
Property owners and their insurers have familiar defenses. For example, they may argue the hazard was obvious and the injured person should have seen it. They may also claim the person walked past the same spot safely before. In addition, insurers sometimes blame age, eyesight, or medication instead of the property.
Georgia’s comparative fault rule raises the stakes. Any share of blame assigned to the injured person reduces the recovery. Moreover, a person found 50% or more at fault recovers nothing.
Why Evidence Disappears After a Fall
The strongest evidence in a fall case often belongs to the property owner. Surveillance video, incident reports, cleaning logs, and maintenance records can prove what the owner knew. Unfortunately, many businesses overwrite video within days or weeks.
The injured person’s own evidence matters, too. Shoes, clothing, and photos of the scene can all become important. For that reason, families should keep these items and speak with a lawyer quickly.
What Medicare Means for a Fall Settlement
Most adults over 65 rely on Medicare for their medical care. When Medicare pays for treatment after an injury, federal law generally requires repayment from any settlement. Handling that repayment correctly protects both the settlement and future benefits. This is another reason older adults benefit from experienced legal help.
Why Hire a Lawyer After an Elderly Fall Injury?
An experienced attorney can secure video and records before they vanish. Your legal team can also identify the right defendant, whether a store, a landlord, or a care facility. Meanwhile, your lawyer can handle the insurance company while your family focuses on recovery.
Georgia generally allows two years from the date of injury to file a lawsuit. Falls on public property can carry much shorter notice deadlines. Even so, waiting can cost you the evidence that proves your case.
Talk to Shane Smith Law About a Fall Injury
An elderly fall injury can upend a family’s life overnight. You deserve clear answers about what happened and who is responsible. At Shane Smith Law, our team investigates falls and holds negligent property owners accountable. Call 980-982-2329 today for a free consultation with a Clayton County personal injury lawyer.
