by Spencer Aronfeld | Jun 10, 2019 | Slip and Fall/Premises Liability
As people age, the risk of falling drastically increases. Florida currently has a population of approximately 20 million individuals, with people 60 years of age and older making up almost a quarter of that population. These figures do not include the ‘snowbird’ population, which visits our state a few months out of the year. What this means is many individuals in our state are at a higher risk of injury or even death due to an unexpected fall. According to the National Center for Health Statistics, the rate of death from falls involving people 75 years of age and older was 111 deaths per every 100,000 people. This figure is a significant increase from what it was in 2000 when it was 52 deaths per every 100,000 people. Additionally, it is reported that women are more likely to fall than men, although men are more likely to die as a result of a fall. Several different factors play into why the elderly fall, but the following recommendations can help in preventing these falls. Be Aware of Limitations It is important that people over the age of 65 be aware of their limitations. Mobility and flexibility are limited as people age, so tasks that could have been accomplished with ease before may not be so easy now. Do not push yourself and be careful of what tasks you do around the home. Do not use step ladders, be cautious on stairs, and make sure pathways are clear if your mobility is limited and you are more prone to becoming dizzy or not able to climb safely. Medication Management Certain medications...
by Spencer Aronfeld | Apr 30, 2019 | Slip and Fall/Premises Liability
Summer is just around the corner, which means more people will be relaxing and enjoying the swimming pools in beautiful South Florida. Swimming pools are a likely spot in which slip and fall incidents routinely occur. In order to stay safe this summer, make sure that you take necessary precautions to prevent a slip and fall injury. Knowing how to minimize your risk of a slip and fall can save your life. These type falls can be particularly deadly to older adults, who can suffer additional complications from broken bones or other injuries stemming from the fall. A slip and fall injury can occur when a person slips, trips, or falls as a result of a dangerous or hazardous condition on another person’s property. For example, if you are visiting a hotel pool or are swimming at a neighbor’s pool and you slip and fall, the landowner or business owner may be held liable for your injuries. Here are some risks associated with swimming pool-related slip and fall accidents: Unforgiving concrete decks that become slippery with water, due to poor maintenance, algae growth, etc.;Shifting ground around the pool, decking or paving that has become cracked creating a tripping hazard; Pools and pool decks that are under construction, but are still open to the public; Gates that are not property secured, presenting a hazard if children attempt to get in the pool area; Spills of suntan lotion and concession stand products, such as soda or ice cream that cause a slippery surface; Pool area bathrooms and changing rooms that are wet from foot traffic. Oftentimes these are constructed with...
by Spencer Aronfeld | Feb 28, 2019 | Slip and Fall/Premises Liability
Falls present a real risk when it comes to individuals of all ages, but for those over the age of 65, falls can be deadly. Knowing how to minimize risks of falling and hurting yourself can make a huge difference and can even save your life in many circumstances. It is reported that every 19 minutes in the United States, an older person dies after suffering a fall. In fact, falls are the leading cause of fatal and nonfatal injuries for older adults. While many times, falls cannot be avoided, as falling is a consequence of aging, the risk of falling can be alleviated in many situations. Not only is it important for the individual who is at risk of falling to know how to avoid falling, it is also important to relatives and caregivers of these older individuals to be aware of these risks. It is also estimated that one-fourth of Americans over the age of 65 fall at least once every year. After that initial fall, their chances of falling again doubles, according to the Centers for Disease Control and Prevention. Of these falls reported, one in five result in a serious injury to an older person. The physical injuries that result can be quite severe, but they can also be emotionally traumatizing. The most common slip and fall injury reported is broken bones or fractures. While a younger person can recover from a broken bone relatively quickly, an older individual may never fully recover from a bone fracture. It can permanently prevent that person from ever being able to walk again and can harm his or...
by Spencer Aronfeld | Nov 11, 2018 | Slip and Fall/Premises Liability
If someone falls on your property, one of the first thoughts that may come to mind is “will I be responsible if that person gets hurt?” It is not always clear how liability will play out when it comes to slip, trip and fall cases. When determining liability, certain conditions must be met. For you to be legally liable if someone slipped and fell on your property- you, as the property owner, must have either caused the condition on the premises that resulted in the fall, must have known of the dangerous condition and done nothing about it, or should have reasonably known of the condition that caused the harm. Many times, this question is one of common sense. A judge or jury will look to whether the owner or occupier of the property took proper measures to keep the property reasonably safe. This question of reasonableness centers on whether the owner makes regular efforts to ensure that the property is up to code and is safe for those invited to come onto the property. If a dangerous condition has been brought to the owner or manager’s attention, such as a wet or slippery surface in a department store or mall or a supermarket, and nothing was done to correct it, the business will likely be held liable if someone slips and falls as a result. Sometimes, however, a dangerous condition cannot be quickly fixed. In these situations, if the property owner closed off the area or put a warning sign up but someone still proceeded to walk in that area, the property owner may not be found liable....
by Spencer Aronfeld | Oct 17, 2018 | Slip and Fall/Premises Liability
Publix is the largest supermarket chain in Florida with over 700 locations throughout the state. Countless individuals shop their stores daily, and every single day, someone slips, trips and falls while shopping at Publix. The reason for the fall could be anything from a slippery surface to an uneven floor. Not every slip, trip and fall at Publix is a legitimate personal injury case. In Florida, to hold Publix accountable for your injury, you must prove that Publix knew or should have known of the dangerous condition, such as a piece of fruit or plastic on the floor, or a slippery surface that caused the fall to occur. As soon as the fall occurs, you need to report the incident to the property owner or to someone who is responsible, such as a manager or supervisor on staff at Publix. This first report will likely be made verbally while on the Publix premises, but the next report should be in writing and should include the name and contact information of the Publix supervisor to whom the report was made. As soon as the slip and fall has occurred, it is important that the area be inspected by the victim or anyone who witnessed the fall. Usually, something on the area is the reason for the slip and fall, whether it be loose flooring, uneven flooring or liquid on the floor. Do not assume that Publix employees will document any of this. It is all important evidence for your case. Take pictures for yourself in the event an attorney needs to be hired to back up the claim. It is...
by Spencer Aronfeld | Jun 29, 2018 | Personal Injury News and Safety Resources, Slip and Fall/Premises Liability
The idea of simply slipping and falling may seem minor but slip and fall injuries can range from serious to life-threatening. Falls are the leading cause of emergency room visits and hospitalizations for the 65+ age group. Not only can these injuries be painful, they can end up being costly in terms of medical bills and lost wages due to having to miss work due to injuries. The following are some of the more common types of injuries we as attorneys see in slip and fall cases. Cuts and Bruises Some of the more common injuries that result from a slip and fall are cuts and bruises, also known as abrasions. Cuts and bruises to the leg and arm are common, but other parts of the body can be affected as well, depending on the injury. Some of these only require first-aid type of treatment but others may need stitches or more serious treatment. Broken Bones If the fall is severe, broken bones can result. These breaks can be minor fractures to severe breaks or even dislocation of bones. If the individual who falls has weaker bones, the breaks can take more time to heal and require casts and ongoing physical therapy. Broken hips are common injuries when it comes to older individuals falling. Broken bones require immediate treatment and can be painful and debilitating. Swelling will almost always occur, and if the swelling gets out of hand, this can make it difficult to treat the break. Therefore, if you have any suspicion that you broke a bone, it is extremely important that you go to an emergency room...
