Brain Injuries Resulting from Slip & Falls in Florida: Who is Liable?

In the Sunshine State, as in many parts of the United States, slip and fall accidents can lead to traumatic brain injuries (TBIs) and other severe head injuries. These injuries often have life-altering consequences for the individuals involved. Each year, millions of people seek emergency medical treatment due to falls resulting in concussions and other types of traumatic brain injury.

If you or a loved one has suffered a brain injury in a slip and fall accident in Florida, our experienced team of Florida brain injury attorneys is here to help. Don’t let the impact of a brain injury go unaddressed; contact us today to explore your legal options. Complete our online contact form here or call 305-638-4143 for a free consultation.

Understanding Traumatic Brain Injuries

What is a Traumatic Brain Injury (TBI)?

A TBI is a disruption in normal brain function caused by a blow, bump, or jolt to the head or a penetrating head injury.

Effects of TBIs

TBIs can lead to a range of symptoms, including:

• Cognitive Impairments: Memory loss, difficulty concentrating, and impaired reasoning.
• Physical Challenges: Headaches, dizziness, and coordination problems.
• Emotional and Behavioral Changes: Mood swings, depression, and anxiety.

Slip and Falls: Common Causes

Understanding the common causes of slip and fall accidents is crucial in preventing TBIs. These causes may include:

• Wet or Uneven Surfaces: Slippery floors, icy sidewalks, and uneven ground.
• Lack of Warning Signs: Inadequate signage indicating potential hazards.
• Improper Lighting: Poorly lit areas increase the risk of falls.
• Negligence: Property owners failing to address known hazards promptly.

How Can a Slip and Fall Cause a Brain Injury?

Traumatic brain injuries are usually caused by a blow to the head.  In this case, when a person has a slip and fall they may hit their head on the ground.  This can cause the brain to hit the inside of the skull and may cause tearing, scraping, or bleeding within the brain.

The severity of a brain injury can range from mild concussions to severe and life-altering traumatic brain injuries. Symptoms may not always be immediately apparent, so it’s essential to seek medical attention after any fall, no matter how minor it may seem.

How to Recognize a Brain Injury After a Slip and Fall Accident

Mild traumatic brain injuries are commonly referred to as concussions.  For a long time, the medical community did not fully understand the long term consequences of concussions and the dangers associated with returning to normal activity after a concussion.  As a result, many concussions continue to go undiagnosed in hospital emergency departments across the United States.

Additionally, because the symptoms of a concussion can seem vague people might not immediately recognize that they’ve sustained a brain injury. Over time, subtle symptoms may persist or worsen, and new ones may emerge.

It is crucial to be vigilant about identifying the symptoms of brain injuries, as this enables your healthcare provider to conduct further diagnostic tests and assess the extent of the injury. Typical symptoms associated with traumatic brain injuries (TBI) and other brain injuries include:

• Persistent headaches
• Nausea and/or vomiting
• Sensitivity to light and/or sound
• Slurred speech
• Blurry vision
• Issues with concentration, balance, or sleep
• Ringing in the ears, known as tinnitus
• Confusion
• Altered emotional states or unusual behaviors
• Abnormal muscle contractions
• Seizures or convulsions

Recognizing these symptoms is the first step towards ensuring proper diagnosis and treatment. If you suspect you or a loved one may have experienced a brain injury following a slip and fall, do not hesitate to seek medical attention and consult with an experienced Florida brain injury lawyer to protect your rights and explore your legal options.

Who is Liable in Slip and Fall Cases Resulting in Brain Injuries?

Determining liability in these types of cases can be complex, as multiple factors come into play. In this blog, we’ll explore the parties that may be liable in slip and fall cases leading to brain injuries and the legal considerations that surround these situations.

Property Owners and Managers

In most slip and fall cases in Florida, the primary responsibility for maintaining a safe environment falls on the property owner or property manager. This includes businesses, residential property owners, and public entities. They have a legal obligation to ensure that their premises are safe for visitors. This duty encompasses tasks like regular maintenance, repairing hazards, and posting warning signs when necessary.

If a property owner or manager fails in this duty and a slip and fall incident occurs, resulting in a brain injury, they may be held liable for negligence. However, proving liability can be complex and may require demonstrating that the property owner knew about the hazard or should have known about it but failed to address it. Our attorneys specialize in premises liability cases in Florida.

Maintenance and Cleaning Companies

In some cases, property owners may outsource the maintenance and cleaning of their premises to third-party companies. If the slip and fall hazard is related to inadequate maintenance or negligent cleaning, these third-party companies may share liability for the incident. It’s important to find a premises liability lawyer who will thoroughly investigate your case and establish whether the third-party contractor’s actions or omissions played a role in causing the injury.

Government Entities

Slip and fall accidents that occur on public property, such as sidewalks, parks, or government buildings, introduce a different level of complexity in Florida. Government entities are generally responsible for maintaining public spaces, and they can be held liable for injuries that occur on their property due to negligence. However, pursuing legal action against government entities can involve specific legal procedures and limitations that differ from those applicable to private property owners. If you or a loved one experienced a brain injury due to a slip and fall on public property, contact a lawyer as soon as possible for legal guidance.

Comparative Negligence in Slip and Fall Cases

When a slip and fall results in a brain injury, determining liability is a critical step in seeking compensation for medical expenses, pain and suffering, and other damages. The responsible party can vary depending on the circumstances of the accident and the location in which it occurred.

Liability is not always straightforward in slip and fall cases. Sometimes, the injured party may share some responsibility for the accident. This concept is known as comparative negligence. In such cases, the compensation the injured party receives may be reduced based on their degree of fault in the accident. The laws regarding comparative negligence vary by jurisdiction, so it’s crucial to consult with a Florida attorney who specializes in personal injury cases.

Contact Our Premises Liability Lawyers After a Slip & Fall Accident in Miami, Florida 

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to helping individuals who have suffered brain injuries in accidents. If you or a loved one has experienced a fall that resulted in a brain injury, we’re here to provide legal support and guidance. Our mission is to hold those responsible accountable and secure the compensation you deserve for medical expenses and other damages. Please reach out to us at 305-638-4143 today to discuss your situation and explore your legal options.