A slip on a wet floor. A stumble over broken stairs. A fall on poorly lit pavement. These accidents may seem like everyday mishaps, but when they result in a traumatic brain injury (TBI), the consequences can be life-changing.
In Florida, property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to meet that duty, and someone suffers a brain injury as a result, the injured person (or their family) may have grounds for a premises liability claim.
At Ward Ruddock, we’ve seen firsthand how devastating these cases can be. Here’s what you should know if you or a loved one sustained a brain injury after a fall on unsafe property in Florida.
How Brain Injuries Happen in Slip and Fall or Trip and Fall Accidents
Brain injuries are not limited to high-speed crashes or violent impacts. They often occur when someone falls and their head strikes:
- A hard surface (concrete, tile, or asphalt)
- The edge of stairs or steps
- Furniture, shelving, or other sharp objects
- The ground, even from a standing height
Common brain injuries after falls include:
- Concussions (mild TBIs that can still cause lasting symptoms)
- Contusions (bruising of brain tissue)
- Diffuse axonal injury (widespread damage from sudden head movement)
- Hematomas (bleeding in or around the brain)
These injuries may not always show up immediately. Symptoms can appear hours or days later, which is why immediate medical attention is critical after any head trauma.
Florida Property Owners’ Duty of Care
Under Florida premises liability law, property owners and managers must maintain reasonably safe conditions for people lawfully on their property.
This includes:
- Cleaning spills or posting warning signs
- Repairing broken steps, handrails, or flooring
- Ensuring adequate lighting in stairwells and parking lots
- Securing loose carpets, mats, or cords
- Maintaining sidewalks and outdoor walkways
When they fail to take these steps, and someone suffers a serious injury, they may be held responsible for the harm caused.
Why Brain Injury Cases Are Especially Complex
Falls that cause TBIs are different from minor slip and fall claims because:
- Invisible injuries: A person may look fine but suffer from headaches, confusion, or memory loss that are harder to prove.
- Long-term impact: Brain injuries often result in permanent changes in thinking, mood, and daily functioning.
- High costs: Treatment may include surgeries, rehabilitation, long-term care, and loss of income.
Insurance companies often dispute these cases, claiming symptoms are exaggerated or caused by other conditions. That makes strong medical documentation and expert testimony essential.
Proving Liability in a Florida Brain Injury Case
To hold a property owner accountable, an injured person must show:
- The property was unsafe (such as a spill left uncleaned or a broken stair).
- The owner knew or should have known about the hazard.
- The hazard caused the fall that led to the brain injury.
- The injury resulted in damages, such as medical bills, lost wages, or pain and suffering.
Evidence can include:
- Incident reports
- Witness statements
- Security camera footage
- Maintenance and cleaning logs
- Expert evaluations of the hazard and the injury
Damages Available in Brain Injury Cases
Under Florida law, compensation may cover:
- Emergency medical care and hospitalization
- Surgeries, rehabilitation, and ongoing therapy
- Lost income and reduced ability to work in the future
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
- In wrongful death cases, funeral expenses and loss of family support
The Statute of Limitations in Florida
In most Florida personal injury cases, you generally have two years from the date of the accident to file a lawsuit (Fla. Stat. § 95.11). Wrongful death claims also carry a two-year limit. Because evidence can disappear quickly, it is important to act promptly.
What Families Should Do After a Fall Causing Brain Injury
If you or a loved one sustained a head injury on unsafe property:
- Seek medical care immediately. Even mild symptoms can point to a serious condition.
- Document the scene. Take photos or video of the hazard and area where the fall occurred.
- Report the incident. Notify the property manager or owner.
- Preserve evidence. Save shoes, clothing, and any items involved in the fall.
- Consult a lawyer. Premises liability cases involving brain injuries are complex, and early action is critical to preserve evidence.
Moving Forward After a Brain Injury
Falls on unsafe property can turn ordinary moments into life-altering tragedies. Brain injuries affect not only the injured person but their entire family—emotionally, financially, and physically.
If you or someone you love has suffered a brain injury after a fall in Florida, Ward Ruddock is here to guide you through the legal process, hold negligent property owners accountable, and help your family pursue compensation under Florida law.
Call (305) 390-4259(305) 390-4259 or visit wardruddock.com/contact to arrange a confidential consultation.
