A fall can be especially serious for an older adult or a person with a disability, and it is too often brushed off as “just an accident” or blamed on a health condition. If you or someone you love fell because a store, landlord or property owner didn’t keep a space safe, that is not your fault, and you deserve answers. Philly Injury Lawyer helps Philadelphia families stand up for their rights. Your consultation is free, and you pay nothing unless we win.
Why Falls Are More Serious for Older Adults
Falls are common and dangerous for older adults. According to the CDC, about one in four adults age 65 and older falls each year, and falls are the leading cause of injury death in that age group. A fall that would bruise a younger person can mean a broken hip, a head injury or a long stay in rehabilitation for an older adult.
- Hip and wrist fractures often need surgery and months of recovery. See broken bone injuries.
- Head injuries are especially dangerous for people taking blood thinners. See head injuries.
- Loss of independence, when a fall leads to a move into assisted living or a nursing home.
Hazards That Cause Falls
- Wet or freshly waxed floors with no warning sign. See wet floor injuries
- Uneven floors, torn carpet and loose mats
- Missing or loose handrails on stairs and ramps. See stairway falls
- Poor lighting in hallways, parking garages and stairwells
- Cracked sidewalks, broken curbs and damaged curb ramps. See sidewalk injuries
- Cluttered aisles and products left on the floor. See retail store injuries
- Ice and snow left on walkways. See ice and snow falls
- Automatic doors that close too quickly and elevators that stop out of level. See elevator and escalator injuries
What Property Owners Owe Visitors
In Pennsylvania, stores, restaurants, offices and other businesses must keep their property reasonably safe for customers. They must fix or warn about dangers they know about or would find with reasonable inspections. The same duty applies to every customer, but what is reasonable takes account of who the business serves. A pharmacy, senior center or medical office should expect visitors with canes, walkers and wheelchairs.
Accessibility rules matter too. The Americans with Disabilities Act and local building codes set standards for ramps, handrails, door widths and surfaces. A violation does not automatically win a case, but it can be strong evidence that a condition was unsafe.
Pre-Existing Conditions Don’t Bar Your Claim
Insurers often argue that an older person’s injuries came from age, arthritis or an earlier condition rather than the fall. Pennsylvania law requires the responsible party to take an injured person as they find them. If the fall made an existing condition worse, you can recover for that worsening. Medical records from before and after the fall are key. See pre-existing conditions and injury claims.
Medicare and Medicaid Must Be Repaid
If Medicare or Medicaid paid for treatment after the fall, they have a legal right to be repaid from any settlement. Federal law requires Medicare to be reimbursed, and these claims must be resolved before money is paid out. A lawyer handles these liens so they don’t delay or shrink your recovery more than necessary.
Falls in Nursing Homes and Hospitals
Different rules apply when a resident or patient falls in a care facility, because the facility is responsible for the person’s care. See falls in hospitals and nursing homes and nursing home slip and falls.
What Families Should Do After a Fall
- Get medical care right away, even if the person says they feel fine.
- Report the fall to the manager or owner and ask for a copy of the incident report.
- Photograph the hazard, the area and the person’s shoes and injuries.
- Get the names of witnesses and employees who responded.
- Ask the business to keep any security video. Many systems record over footage within days.
- Keep track of medical bills, home care costs and changes in daily life.
Senior and Disability Fall FAQ
Yes. If a store failed to fix or warn about a hazard it knew about or should have found, it can be responsible for the fall. Age or a pre-existing condition does not bar the claim, though insurers may argue about what the fall caused.
Yes. If Medicare paid for treatment related to the fall, federal law gives it the right to be repaid from the settlement. The amount can often be negotiated as part of resolving the claim.
Philadelphia generally requires property owners to maintain the sidewalk in front of their property, so the owner is often responsible for a fall on a broken sidewalk. The City may be responsible in some cases, and written notice is due within 6 months.
Talk to a Philadelphia Injury Lawyer
If you were hurt or a loved one fell because of an unsafe property, you don’t have to sort out the rules on your own. Philly Injury Lawyer will review what happened, explain your options and handle the deadlines for you.
Call (215) 735-4800 for a free consultation. You pay nothing unless we win. We Win or It’s Free®.
Pennsylvania Law in Plain English
A store, landlord or other property owner can be responsible when a hazard they knew about, or should have found and fixed, causes a fall. A pre-existing condition does not bar your claim.
Pennsylvania uses a modified comparative fault rule. You can still recover compensation if you were partly to blame, as long as you were not more than 50% at fault, and your award is reduced by your share of the blame.
In most injury cases, you have two years from the date of the fall to file a lawsuit. If the property belongs to a government agency, such as the City or SEPTA, you generally must give written notice within six months.
