When elderly people have a slip, trip or fall it can be far more damaging than when a younger person falls. Therefore, if you or an elderly relative has had a fall through no fault of their own, but due to a third party’s negligence, you have every right to make a claim. Sometimes an OAP feels concerned about claiming, finds claiming confusing or does not believe they are in a position to claim. It is possible to make an injury claim on behalf of another if they do not have the ability to do so for themselves. Circumstances could mean the client is incapacitated or ill equipped in any another way.
A Slip, Trip or Fall In A Care Home/Hospital
An elderly person living in a care home is often done as a measure of security, to try and avoid such kinds of accidents. Therefore should a slip trip or fall occur when you or your relative is in the care of another, it can be devastating. This is the case whether the care is private or government provided. You may be able to make a claim against an individual carer, or against the establishment as a whole. Should the fall have occurred due to lack of supervision when there should have been some, lack of safety equipment (such as handrails), lack of signage of hazards or removal of hazards (such as water on the floor) you may also be able to claim.
Falling in hospital may complicate the disease which you were initially admitted for. In the past, OAP falls in hospital have resulted in fractures, loss of confidence and worsening of health. The hospital has an obligation to provide you with adequate care and the responsibility to have appropriate health and safety procedures in place. You may be able to claim against the hospital itself or against a single individual for negligence, depending on your circumstances.
Fall At Home
Falling within your own home is mostly not a claimable issue. Legally, the property owner themselves is liable should someone injury themselves on their premises. The only exception to this rule would be if the fall occurred when the individual was in the care of another, a third party, for example a carer or social worker.
A claim can be made up to 3 years after an accident has happened so contact Roskell Davies today to discuss your options. Call for free on 0800 142 2901 or fill in an online enquiry for a no obligation consultation.