Have you or someone you love suffered a serious slip and fall accident in San Diego, CA? At Berman & Riedel, LLP, we are committed to helping accident victims seek maximum compensation from negligent property owners and facility managers.
Sadly, the most vulnerable members of society are at the greatest risk of suffering a fall which can have devastating consequences. Most falls are preventable, especially in skilled care facilities. However, falls can be a sign of nursing home abuse and neglect. We focus on slip and fall accidents in nursing homes, assisted living facilities, and other elder care facilities or under the care of in-home care providers.
If you believe you have a slip and fall case, an experienced San Diego slip and fall accident attorney can help you explore your legal options and take the next steps. Contact Berman & Riedel, LLP today for a free consultation with a slip and fall lawyer to discuss your case.
How Common Are Fall Accidents Among Seniors?
Falls are the leading cause of death and serious injury among older adults in the U.S. In 2021, fall cases caused 38,742 deaths of older adults and seven million injuries.
One out of three seniors 65 and older falls each year. Nursing home residents are even more at risk, with an average fall rate of 1.7 falls per bed per year. On average, 100 to 200 nursing home falls are reported each year in a facility with 100 residents.
The average resident falls 2.6 times per year. About one out of every three nursing home residents who suffer a fall will fall again in the same year.
Falls May Be a Warning Sign of Nursing Home Neglect
Has a loved one experienced a fall in a nursing home or unexpected injuries that may have happened in a fall? This may be one of the warning signs that your family member is the victim of neglect. Fall accidents usually happen when older adults do not have the supervision, assistance, or fall prevention measures they need.
Learn more about skilled nursing facility neglect and abuse in our in-depth guide, which includes other signs to watch for. If you suspect your loved one has been hurt through neglect, call our office for a free consultation with a San Diego personal injury attorney.
Common Fall Accident Injuries in Older Adults
Injuries suffered in slip and fall accidents can be serious, especially in older adults. The most common fall injuries among seniors are:
Older adults are susceptible to serious injuries in a fall for many reasons. The elderly may have health conditions like osteoporosis or frailty that make fractures very likely even in a low impact fall. Other age-related issues may increase the risk of a fall injury too. Older adults have an increased risk of a TBI in a fall due to more space between the skull and the brain, slower healing, and a dura that is less pliable and more adherent to the skull.
Medications like blood thinners may increase the risk of uncontrolled bleeding, which can make a serious injury like a brain injury more severe or even fatal. More than 80% of traumatic brain injuries in older people happen in a slip and fall accident.
Broken bones are a common consequence of a fall accident. Common fractures include:
- Hip fractures. Over 95% of hip fractures are caused by falls among older adults. This fall injury has a high mortality rate, especially for older adults in nursing homes. Premature death after a hip fracture is often caused by pneumonia, but it can also be related to bed sores, blood clots, and other complications.
- Vertebral fractures. This type of fracture is particularly common among older women with osteoporosis and seniors with moderate to severe frailty.
- Ankle fractures. Every year, about 8 out of every 1,000 Medicare recipients suffer an ankle fracture, often in a fall.
- Forearm fractures. This is the most common type of fracture in older adults after hip and vertebral fractures.
Seniors who have suffered injuries in a fall may face serious and life-threatening complications. About 18 to 33% of elderly people will die within one year of a hip fracture. Older people face a reduced quality of life and limited independence after a fall. About 40% of nursing home admissions are the result of a fall, and 40% of people admitted will never be able to return to independent living again.
At Berman & Riedel, LLP, our San Diego slip and fall accident lawyers are committed to helping you recover compensation after a serious fall. A fall injury claim can help you recover the compensation you or your loved one need for proper medical care and quality of life.
What Causes Slip and Fall Accidents?
Slip and fall cases usually arise due to hazardous conditions like wet or slippery surfaces, inadequate lighting, or uneven surfaces such as cracks in a sidewalk, damaged asphalt, or loose carpeting. Among older adults, slip and fall accidents can be caused by other factors such as:
- Age-related issues, including poor balance, postural hypotension, loss of muscle mass (sarcopenia), and frailty
- Medical conditions that affect balance, such as diabetes, nerve damage, and heart disease
- Dementia
- Medication side effects such as vertigo
- Poor eyesight
- Physical impairment or mobility issues
- The use of mobility devices such as canes or walkers
- Unsafe footwear
Sadly, neglect may also cause falls among the elderly. When a facility does not give residents the quality medical care they need, it can be considered medical malpractice. This negligence can cause serious falls. In assisted living and skilled nursing homes, falls are often due to neglect. This may be caused by:
- Understaffing, which means residents do not get the help they need
- Unstable bed wheels or a bed that is too high
- Lack of bed railings and fall guards
- Uneven or wet floors
- Failure to conduct a fall risk assessment
- Failure to provide adequate mobility aids
- Improper transfer techniques
- Inadequate supervision and assistance
- Poorly maintained equipment
- Wheelchair brakes that do not function properly
Compensation Available in Personal Injury Claims in San Diego
Fall accident victims can hold a negligent facility or property owner accountable through a personal injury claim. A slip and fall attorney can help you pursue full and fair compensation for the losses you have suffered.
A fair settlement compensates victims for their economic (financial) damages and non-economic damages. This includes:
- Medical bills
- Future medical expenses
- Lost wages
- Out-of-pocket expenses
- Pain and suffering
- Mental anguish and emotional distress
- Lost quality of life
A San Diego slip and fall accident lawyer will build an evidence-based claim and negotiate on your behalf with the insurance company. If a fair settlement can't be reached, filing a personal injury lawsuit is the next step. If your case goes before a jury, you may be entitled to additional compensation. A jury can award punitive damages with clear evidence of malice, fraud, or oppression. Nursing home abuse and extreme neglect may qualify.
Families that have lost a loved one in a fatal slip and fall can pursue compensation through a wrongful death case. The damages you can recover through wrongful death claims are slightly different. Pain and suffering and punitive damages are not available in these claims, but may be recovered through a survival action.
Results We Have Achieved in Slip and Fall Cases
Below are results Berman & Riedel, LLP, has achieved in personal injury cases involving slip and fall accidents.
- $2,000,000 - Staff failed to respond to a nursing home resident's call light, prompting the resident to attempt to get to the bathroom unassisted. This caused the resident to fall, suffer a head injury, and bleed to death.
- $1,212,500 - An elderly resident at a residential care facility died after several falls that staff knew about yet continued to leave the resident unattended.
- $1,000,000 - A blind person suffered multiple falls at a care center due to improper supervision that led to a hip fracture that went untreated for days.
- $995,000 - A slip and fall accident caused by an establishment's failure to protect the safety of patrons resulted in a serious head injury.
- $950,000 - Staff at a care facility did not get help for a resident who suffered a head injury in a fall, instead moving the resident to a common area where they would be out of view.
- $750,000 - A legally disabled person received inadequate accommodation, causing a violent fall and severe injuries.
- $600,000 - A client of a skilled nursing facility was allowed to fall multiple times and suffered blunt force injury and death.
- $555,000 - A post-surgery client receiving rehabilitation services at a skilled nursing facility suffered a fall and fatal head injury due to understaffing.
- $555,000 - A woman suffered multiple falls in a care facility that resulted in a severe ischemic stroke and necessitated an above-the-knee amputation of her left leg.
- $475,000 - An 87-year-old skilled nursing facility resident died after staff failed to plan care for a well-documented high-risk status for falls. The family provided notice of several previous falls, and the facility's assessment put the patient at high risk for falls. However, no fall prevention protocols were initiated. Just six days after admittance, the resident fell while unattended and suffered a severe, fatal head injury.
- $365,000 - An in-home care provider under contract to provide specially trained, skilled in-home care services to a 93-year-old instead sent an untrained and unskilled employee. During an attempted transfer, the elderly client, a known fall risk, was left unstable and standing unattended. The client fell and suffered a hip fracture that required surgery and rehabilitation.
Who Can Be Held Liable for a San Diego Slip and Fall Accident?
Multiple parties may share liability when hazardous property conditions hurt someone. California's personal injury law allows victims to recover compensation for injuries caused by someone else's negligence. Slip and fall accidents usually involve an area of law called premises liability.
Premises liability law generally requires property owners to provide reasonably safe property conditions for people who live on the property, work there, or visit. In addition to maintaining the safety of the property, owners must warn people of potential hazards to reduce the risk of injuries.
Duty of Property Owners in California
Several factors may be considered to determine if a property owner owed someone a duty of care:
- Whether the accident or harm was preventable and foreseeable,
- Whether the injured party had a right to be on the property,
- Whether any steps were taken to warn visitors or mitigate the risks, and
- Whether the injured party contributed to their accident.
A negligent property owner may not be the only negligent party who can be held liable for dangerous property conditions. Property managers, homeowners associations, landlords, facility managers, and others may also be held accountable. However, a property owner cannot delegate this duty or pass off responsibility for the property owner's negligence to a contractor.
Falls in Elder Care Facilities - Medical Malpractice and Premises Liability Claims
Skilled nursing facilities and similar elder care facilities are subject to state and federal regulations. Facilities have a duty to protect residents from foreseeable accidents like fall accidents and maintain a safe environment. If an accident occurred because the nursing home failed in its duty to provide a safe environment, it can be held liable for injuries.
You may be able to pursue a nursing home through a premises liability claim if the facility failed to:
- Periodically inspect the property for hazards
- Perform maintenance to ensure the property is in reasonably safe condition
- Restrict access to hazardous areas
- Provide adequate warning of dangers or protect vulnerable residents
- Ensure handrails, ramps, and staircases are safe and in good condition
- Make sure floor surfaces are even and safe
- Prevent slip or trip hazards like loose mats and cluttered walkways
Elder care facilities can be held responsible for fall accident injuries due to medical negligence as well. Understaffing and neglect are common underlying factors in most slip and fall accidents in skilled nursing facilities. If the facility failed to adequately screen residents for fall risk, did not provide adequate supervision and assistance, or failed in their duty to initiate proper fall prevention protocols, they can be held liable.
Proving Liability in Slip and Fall Accident Cases
Proving liability in a slip and fall accident can be challenging, whether you are claiming negligent property maintenance or medical care. At Berman & Riedel, LLP, our San Diego slip and fall lawyers have years of experience handling complex fall cases involving vulnerable older adults. We will carefully investigate your accident and gather evidence including:
- Medical records documenting the victim's injuries
- Photos and video and the scene of the accident and conditions that may have contributed
- Witness statements from other residents, visitors, and staff
- Safety protocols ordered
- The facility's procedures and policies
- The patient's fall risk assessment and history of falls
- Medication records
- Previous complaints or incidents at the location
If your loved one has been hurt in a fall, it's crucial to seek legal help as soon as possible.
Schedule a Free Consultation with a San Diego Slip and Fall Lawyer
Have you or a loved one suffered injuries in a slip and fall accident in San Diego, CA? The personal injury lawyers at Berman & Riedel, LLP, are here to help you. Our law firm will help you understand the legal options in your personal injury case and fight to hold the negligent parties accountable. We accept many types of slip and fall accident cases with a focus on cases involving elder abuse and nursing home neglect.
Contact Berman & Riedel, LLP, today for a free case evaluation with a San Diego slip and fall lawyer to discuss how we can help you.
