Protecting The Injured In Arizona For More Than 30 Years

Is the burden of proof different in an elder slip and fall case?

In Arizona, the burden of proof in slip and fall cases remains the same for all individuals who experience a damaging fall on public property. The injured party must demonstrate that the property owner’s negligence caused the fall. 

However, proving negligence can be more challenging in elder slip and fall cases for a few reasons.

Pointing to hazardous conditions

To establish negligence, the injured person must show that the property owner knew or should have known about the hazardous condition that led to the fall. It must also be evident that there was a failure to address the hazard and that this failure caused the injury. While this process applies to any slip and fall case, certain factors make it more difficult when the victim is an elderly person.

The unique factors in an elder slip and fall

One key challenge arises from the natural effects of aging. Older adults often face mobility issues, balance problems or vision impairment. Property owners may argue that these pre-existing conditions, rather than a hazardous condition on their property, caused the fall. If an elderly person already struggles with movement, it can be harder to demonstrate that the fall resulted directly from the property owner’s negligence.

Another issue that may complicate these cases involves the severity of injuries. Older adults are more likely to experience serious injuries, such as broken bones or head trauma, even from a minor fall. Although these injuries may highlight the need for compensation, they also give property owners more opportunities to claim that the injuries occurred due to the person’s age and physical fragility, rather than from dangerous property conditions.

Additionally, evidence gathering can be more difficult after an elderly person falls. Older adults may not always be able to quickly take photos, identify hazards or report the incident in detail, making it harder to build a strong case.

While the burden of proof in a slip and fall lawsuit always requires establishing negligence, the specific circumstances of an elderly person’s accident can complicate the process. The injured party must still prove that the property owner’s failure caused the accident, but they must also prepare to demonstrate that factors like age or mobility limitations did not exacerbate the situation.