Articles Posted in Slip and fall accidents

slip-up-709045_1920-300x200While most slip and fall accidents bruise nothing but our pride, some falls can result in serious injury. Property owners owe a duty to their guests and other visitors to ensure that their property is safe and free from hazards. In the event that the property owner negligently maintains his property causing someone to be injured, the property owner may be held liable for the victim’s medical expenses, pain and suffering, and other losses.  

But what if you can’t tell who owns the property? This issue can be somewhat complicated when a slip and fall injury occurs at a condominium or homeowners association.  

Condominiums

If you’ve ever had to care for an older parent or relative in your home, you know how stressful it can be. They are unsteady on their feet, and the constant fear that they will fall and injure themselves has you sitting up in bed at the slightest sound. Eventually, you realize that your home isn’t equipped to meet their needs, and so you move them into a home that is better suited for their mobility issues. We all assume that nursing homes and assisted living facilities provide a safe environment for our elders. Who is at fault when they fall and get injured?  

Negligence in the Nursing Home Context

We’ve written previously about how to define negligence, but to review, someone is negligent when they fail to act with the same level of care that someone of ordinary prudence would have exercised under the same circumstances. It’s important to note the phrase “under the same circumstances” in order to understand that what may be negligence in one situation is not negligence in another. To apply it to the context of this post, what may constitute negligence in a nursing home may not be considered negligence in an apartment context. Here are some examples of potential negligence in nursing homes and other assisted living facilities:

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