Can you file a negligence claim if you have balance issues?

On Behalf of | Oct 31, 2022 | Premises Liability |

If you’re older and your balance isn’t what it used to be or if you’re a person of any age with mobility issues, you may not be able to keep yourself from falling if you slip or trip on something. You may take extra precautions, watch where you’re walking and perhaps use a cane or walker. However, accidents can still happen.

What if you’ve fallen in a store or other business because of a hazard like a spill that wasn’t cleaned up, torn carpeting or a cord from a vacuum cleaner that wasn’t put away? You may blame yourself rather than the business that allowed the dangerous condition. Even if you do blame them, you may think it’s useless to try to hold them accountable because they’ll simply point to your age and/or disability.

Let’s look at the facts. Property owners are responsible for a hazardous condition if they know about it or should have known about it and did nothing to correct it or at least block it off. It doesn’t matter that some people might be able to catch themselves and not fall – or not suffer a serious injury if they do – while others might fall and suffer multiple fractures.

What is required for a negligence claim?

A person has grounds for a negligence claim if they can prove that:

  • The property owner had a duty of care.
  • They breached that duty.
  • That breach caused harm to the plaintiff.
  • The harm is compensable (medical bills, lost wages and more).

If you or a loved one has suffered injuries due to a property owner’s negligence, don’t let them – or anyone else – tell you that you don’t have a right to pursue a legal claim because of age or medical condition. It’s wise to seek legal guidance to help you assert your rights and get the compensation to which you’re entitled.


attorneys Brad Culpepper and Brett J. Kurland