Insurance Law

Trip and fall injuries - Is there a higher duty of care for the elderly?

Authors: Rebecca Stevens, Partner & Milton Latta, Special Counsel

Trip and fall injuries are a daily occurrence. The consequences can often be severe, particularly for the elderly. According to current injury research and statistics:

  1. One in four people over the age of 60 and one in three people over the age of 65 experience a fall each year;
  2. Slipping, tripping and stumbling are the most common causes of falls leading to hospitalisation; and
  3. In men and women over the age of 65, falls remain one of the leading reasons for being admitted to hospital: 38% compared to 13% for transport related injuries.

It is therefore not surprising that trip and fall claims remain prevalent, despite such claims often being difficult to prosecute. With an increasingly aging population, the number of claims is likely to increase.

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