A traumatic brain injury (TBI) can happen in an instant. One minute you’re shopping for clothes, the next you’ve fallen on the floor because the storeowner failed to fix uneven tiles or to clear merchandise on the floor. A TBI is any trauma to the head that disrupts or alters normal brain function. According to the Centers for Disease Control, in 2013, two and half million people visited the emergency room because of a TBI-related injury. 282,000 people were admitted; of those, 56,000 people died.
The CDC further reported that falls were the leading cause of TBI, with about 47% of all TBI-related emergency room visits related to falls. More than half of all ER visits, hospitalizations, and deaths involved children under age 14. Nearly 4 in 5 TBI-related ER visits, hospitalizations, and fatalities of seniors 65 and older that were caused by falls.
Liability for falls on the property of another
Falls can happen at any type of business, including apartment buildings, retail stores, hospitals, professional offices, hotels, restaurants, gas stations, amusement parks, or banks. Tennessee property owners owe a duty of reasonable care to people who use or visit their property to purchase items, use the owner’s services, or just to legitimately visit the premises.
Some of the reasons people may fall or be struck by an object on the property of another include:
- Loose tiles
- Torn carpets
- Spilled liquids
- Ice and snow that hasn’t been cleaned
- Uneven pavement
- Loose railings or stairwells
The outside and inside of the property must both be safe for anyone who has the right to be on the property.
Negligent security resulting in brain injuries
A traumatic brain injury can also happen because of a violent attack. In Tennessee, property owners have a duty to take reasonable measures to prevent attacks from occurring on their property. Attacks are especially likely at any location where money is frequently exchanged, such as a retail store or bank.
The parking lots, alleyways, and any common areas owned with other tenants must be secured, in addition to the lobbies and the inside of the premises. Some common security measures include adequate lighting, video cameras, and the use of security guards.
If someone suffers a traumatic brain injury, the property owner and anyone responsible for the maintenance of the property can be sued for the victim’s medical bills and surgeries, rehabilitative care, medications, lost wages, physical pain, and emotional suffering. At the Rocky McElhaney Law Firm, our Nashville premises liability attorneys fight for victims who suffer a traumatic brain injury or any type of injury when property owners fail to protect their customers and visitors. For strong legal help, please schedule an appointment with one of our Gladiators in Suits in Nashville, Hendersonville, or Knoxville by calling 615-246-5549 or filling out our contact form. We take cases on a contingency fee basis.