Can You Sue for a Brain Injury Caused by Unsafe Property Conditions?
Too often, injuries to kids happen because of someone’s lack of care on their own property. The same is just as true of brain injuries. If your child was hurt while visiting another’s property, you and they could be owed significant financial compensation through a Florida personal injury lawsuit. Issues like broken stairs, slippery floors, and so much more may be why your child was hurt. These are likely due to someone’s negligence, and that person or business should be responsible for what happened.
At High Stack Law, our skilled Florida personal injury lawyers can help you pursue compensation for a child’s brain injury that occurred from unsafe property conditions. Let us provide you a personalized consultation to help you learn more.
Understanding Premises Liability in Florida
The owners or managers of property are supposed to keep premises safe. When they fail to do so, premises liability law helps determine who is responsible. Under state law, property owners have certain legal duties to those who visit that property. Failing to meet those standards can result in financial liability.
Common unsafe property conditions that may lead to brain injuries include:
- Wet or slippery floors without warning signs
- Uneven sidewalks or broken pavement
- Poorly maintained staircases
- Broken railings
- Inadequate lighting
- Falling objects from shelves or construction sites
- Negligent security leading to assaults
How Brain Injuries Occur on Unsafe Properties
Traumatic brain injuries can result from a wide range of property hazards. For example:
- Slip and Falls: A wet floor can cause your child to hit their head and suffer a concussion.
- Trip Hazards: Uneven flooring can make a child trip and hurt their head.
- Falling Debris: Heavy objects that fall on your child can cause serious harm.
- Assaults Due to Negligent Security: Inadequate security could mean you and your child are the victims of a crime that causes severe injuries.
What Do I Have to Prove for a Property Conditions Claim?
In order to win on your property conditions claim in Florida, you have to show:
- Duty of Care: The property owner owed a duty to keep the premises safe.
- Breach of Duty: The owner breached their duty.
- Causation: The unsafe condition is what caused the harm to your child.
- Damages: Your child suffered brain and other injuries as a result of the unsafe property condition.
Florida law also considers the status of the visitor when determining the property owner’s duty of care. Business invitees, such as customers, are owed the highest duty.
Compensation Available for Brain Injury Victims
If you prove that the property owner or manager is responsible for your child’s injuries, you could be entitled to:
- Medical bills, including emergency care, surgeries, and rehabilitation
- Lost income and reduced earning capacity
- Long-term care needs and assistive devices
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Because brain injuries often require lifelong treatment, damages in these cases can be substantial.
Statute of Limitations in Florida
Victims must act quickly. For most personal injury cases, the statute of limitations is two years from when the accident happened. If you miss this deadline, you will be unable to recover compensation. The best thing you can do is quickly speak with an attorney to avoid any problems with late filings.
Why Legal Representation Matters
Brain injury cases are complex, requiring medical evidence, expert testimony, and thorough investigation of property conditions. An experienced Florida personal injury attorney can:
- Gather evidence of unsafe property conditions
- Interview witnesses
- Review surveillance footage
- Work with medical experts to document the extent of the brain injury
- Negotiate with insurance companies for fair compensation
- Represent you in court if necessary
Seek Monetary Damages for Your Child’s Brain Injury
Unsafe property conditions often shouldn’t exist, but they do. Someone’s lack of care or failure to do their job could be why your child now suffers from a brain injury. Let our team of experienced attorneys investigate and pursue your claim and protect your child’s financial interests.
Consult a Florida personal injury attorney at High Stack Law for help. Contact us today for a consultation of your case.