Elderly Plaintiffs & Slip-And-Fall Accidents In Florida
Data from the 2020 U.S. Census reports that roughly 21 percent of Florida’s population is over the age of 65 – the highest percentage in the nation. Because of this, Florida businesses must be hyper-aware of potential hazards facing elderly customers, and many do. However, the most common cause of serious injury among those over age 65 is falling, and slip-and-fall accidents happen most often due to lack of care. If you or a loved one has been injured in this type of accident, know that you may be able to recover money damages for any injuries you have sustained.
Who, How, And Where?
It is possible for a slip-and-fall accident to happen in a variety of different places, from office buildings to hotels to commercial enterprises like grocery stores and stadiums. Most people tend to think of the stereotypical accident where a person slips on a wet floor or a substance (for example, a dropped piece of fruit in a grocery store), but a slip-and-fall accident can also occur because of a loose floorboard or tile, an exposed cord or wire, or a poorly maintained sidewalk, among other causes.
The most common victims of slip-and-fall accidents are elderly people, and data from the Centers for Disease Control (CDC) estimates that falls are the second leading cause of “injury-related death” for those aged 65-84. Given that elderly people are disproportionately at risk for osteoporosis and other health issues which can make recovery difficult, cases of this nature can be far more serious than they originally appear. Filing suit can be an appropriate option for a person who can establish that their injuries were due to negligence.
High Burden Of Proof
Every case involving a slip-and-fall accident is different, and it can be difficult to determine whether or not one should bother seeking damages even if their injuries are serious. Gathering as much information as possible – or having someone do so on their behalf – should be an injured plaintiff’s first step, in order to determine the best possible plan of attack. Filing a property insurance claim may be a good first option; if this is untenable or unsuccessful, a lawsuit may be the most logical next step.
That said, an injured person should keep in mind that Florida law has a statute essentially indemnifying a ‘business establishment’ in most of these cases. The relevant statute says that if a person slips on a “transitory foreign substance” on the premises of a business, the injured person has to prove that the business either knew or should have known about its presence. This can be a tall order for a person who may have spent mere minutes on the business’ premises before their injury – yet Florida requires this finding.
Contact An Orlando Slip-and-Fall Accident Attorney
If you have been injured in a slip-and-fall accident in Florida, you have legal options in terms of seeking compensation for what you have been through, though every case is different. An Orlando slip-and-fall accident attorney from the Hornsby Law Group can answer any questions you may have about filing suit. Call our office today for a free consultation.
Source:
census.gov/quickfacts/fact/table/FL/PST045222
