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Golden Inspirations |
"Lust is easy. Love is hard. Like is most important."
- Carl Reiner
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Home  In this Issue Elder Law / Attorneys AS A SENIOR, WHAT YOU NEED TO KNOW IF YOU FALL
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As a Senior, What You Need to Know if You Fall
David L. Hirsch
One of the greatest concerns for you when you are leading an elderly lifestyle is "falling". When a serious fall occurs, the first concern is for the injured party's care and for not complicating injuries by moving the individual before the extent of the injury is clear. Emergency medical attention is a must.
"Why the fall?" If insignificant, determine how to avoid it reoccurring and creating a more serious problem.
If serious, "why the fall?" is critical for compensation.
A common misconception is that a premises owner is the insurer of the safety of customers. This is not the law in Florida nor has it ever been the law in most states.
Owners' obligations are only to "warn" of dangers they are, or should be, aware, which may cause a shopper to fall. As they can only warn of the dangers of which they are aware, they are obligated to keep a close eye out for such conditions.
Ever heard the chimed reminder for floor managers to 'check their areas'?
This inspection protects stores for not warning of hazards that occur immediately before an injury with no time for warnings i.e. the danger cones, ropes or signs.
A fall due to the failure to warn of a known danger the elderly shopper couldn't reasonably discover, makes the store liable for medical bills, pain, suffering and mental anguish.
Creating a report, including a description of the substance or hazard causing the fall, is essential. Names and contact information of all eye witnesses and employees at the scene is vital. Precise words any employee said or heard can be critical to a recovery. Examining and keeping the clothing, particularly the shoes worn in the fall, is also important.
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About the Author
David L. Hirsch, Brawer Hirsch and Associates PA, 7771 W Oakland Pk Blvd 140 The Atrium West Bldg Sunrise FL 33351 954-749-0066 dhirsch@seniorslipandfall.com, a member of the FL, GA and AL and Amer. Bar Associations handling cases for over 32 years.
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