Hutt Law, P.C.
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Can seniors file a premises liability suit over a fall?

by | Nov 18, 2021 | Premises Liability

This time of year, the risk of slip-and-fall and trip-and-fall injuries is even greater than usual here in New York City. Between icy sidewalks, tracked-in snow on floors and merchandise overflowing on some aisles of stores, there’s a lot to watch out for. 

If you fall and suffer an injury because of a property owner or manager’s failure to keep their premises safe, you could well have a valid legal claim to seek compensation for medical bills and other expenses. However, what if you fall more easily than most people because you’re older, you have a disability or you have balance issues? Do you still have a right to seek compensation?

What do you have to prove?

It depends on the situation, but the same requirements for a premises liability suit apply regardless of how likely a person may be to fall. A plaintiff has to prove:

  • Duty
  • Breach
  • Causation
  • Harm

A property owner has a duty to prevent or give warning of hazardous conditions on their property. They breach that duty if they’re aware of or should have been aware of a dangerous condition. If that condition caused a person to suffer harm, they can likely be held liable – regardless of whether the person was a young Olympic gymnast with superior balance skills or a grandmother using a cane.

Don’t let anyone tell you that you don’t have the right to seek compensation for expenses and damages from a negligent property owner because you fall more easily than most people. It’s best to seek experienced legal guidance to determine what your options are.

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