Can a Property Owner be Responsible for my TBI?
Of the approximately 1.7 million traumatic brain injuries1 that occur each year, a significant number happen when the victim is on someone else’s property. Traumatic brain injuries, or TBIs, are an injury to the brain that causes a disruption in normal function. In many cases, they occur after a bump or blow to the head, but can also happen when the head jolts quickly causing the brain to move around inside the cranium. When these injuries happen as a result of a dangerous condition on property belonging to someone else, premises liability law often allows victims to recover for their economic and non-economic injuries. The most effective way for victims to determine whether they have a claim and protect their legal rights is to retain a Clearwater traumatic brain injury lawyer as soon as possible. To discuss your case with one of our lawyers, call the Dolman Law Group today at (727) 451-6900.
How negligent property owners can cause TBI
Business and property owners can be negligent in many ways that may lead to a customer or other visitor suffering a traumatic brain injury in an accident. Some examples of TBI causes by dangerous premises include the following:
- Hazards that cause a victim to slip and fall, hitting their head on the floor or another object
- Dangerous stairways that cause a person to fall down the stairs
- Sports facilities that do not safely separate the spectators from the playing field, resulting in a spectator getting hit by a ball, puck, or another piece of equipment
- Falling objects, such as ceiling fans, lights, or grates that land on a visitor’s head
- Having defective shopping carts that cause a small child to fall out and hit their head on the floor
- Window screens or other barriers that fall out, causing a person to fall to the ground
- Not having adequate security in an establishment to prevent a violent assault by a third party
- Playground having poorly maintained equipment or not having proper ground cushion in the event of a fall
- Amusement parks that have defective restraints on rides and cause a rider to jostle or hit their head
- Construction sites that are not adequately cleaned up and an individual gets struck by an object or against an object
- Workplace accidents due to unsafe conditions
- Nursing homes that do not properly supervise or assist residents, who then fall down
Every property owner owes a duty of care to customers and visitors and, by allowing hazardous conditions that lead to brain injury, a property owner breaches that duty. In order to recover, TBI victims must present adequate evidence in court that an owner had a duty, breached the duty, and that the breach caused or contributed to the accident that caused the injury. You also must show that, if there was a dangerous condition, the property owner knew or should have known about the dangerous condition. All of these showings involve complex legal issues and standards and the assistance of an attorney with premises liability2 experience is imperative.
Additionally, if a property is owned by a corporation, such as a retail outlet or grocery store, the company will likely have a legal team employed to defend against personal injury liability. You always want to have a lawyer who knows how to face off against corporations in a premises liability case to make sure you receive the maximum amount of recovery possible.
Contact the Dolman Law Group today to schedule a free, no-obligation case evaluation with one of our experienced Clearwater TBI attorneys
Anyone who has sustained a traumatic brain injury that occurred on property that belongs to someone else should discuss their options with an experienced attorney as soon as possible. Unlike other personal injury law firms, the Dolman Law Group provides personalized representation and makes its attorneys directly accessible to our clients. To schedule a free consultation with one of our lawyers, please call our office today at (727) 451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756