Is It Harder For Older People To Recover Damages From A Slip And Fall Injury?
Is It Harder For Older People And Children To Recover Money And Damages From A Slip-And-Fall Injury?
This is a good question because many people are under a misconception. Remember, the law is there to protect everybody. Because many people are senior citizens, are older than others, or have some pre-existing to falling conditions, there is a provision in the law that takes these elements into account.
Therefore, merely because someone has a disability or is more fragile does not give the defendant or negligent landlord a benefit or advantage. This is because someone who is fragile or disabled cannot be judged similarly to a person without physical defects.
Imagine there is a car accident, and a car hit a truck carrying eggs. The negligent driver who caused the accident cannot come into court and say it was not his fault that all the eggs broke, and the truck driver lost all his egg money because they were eggs and they were fragile. The court would never accept this argument. It doesn’t matter what’s in the back of the truck. Whatever damage occurred must be dealt with.
If someone had a bad hip initially, and he or she slipped and fell due to a landlord’s or store owner’s negligence, which caused further damage and injury with an increase in pain and suffering, the wrongdoer cannot come into court and avoid paying money damages claiming he is not responsible because the person was already damaged goods.
For a free consultation, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. at 212-668-0100 or use our online contact form.