Atlanta Personal Injury Attorney Discusses Slip and Fall Accidents Causing Traumatic Brain Injuries


April 04, 2014

Many people underestimate the potential severity of injuries experienced in a fall because of slippery flooring, or potholes in a sidewalk, but slip and fall accidents and trip and falls are one of the most common causes of traumatic brain injuries (TBIs). A traumatic brain injury can cause loss of sensation, paralysis, impaired speech and even death. There are few injuries that are as debilitating as a serious brain injury, so falls caused by hazardous conditions on commercial, residential or government property can result in significant liability for property owners.

However, personal injury claims that arise out of falls caused by hazards on the premises of others can present challenges for those pursuing financial recovery because they can turn on subtle distinctions in the facts. Since the financial impact of a traumatic brain injury can be devastating, a successful personal injury claim can have a dramatic impact on a person’s quality of life following a serious fall accident. Our Atlanta trip and fall accident lawyers at Montlick and Associates have provided some answers to common questions about serious fall accidents that cause head injuries.

How common are traumatic brain injuries when people suffer falls?

The Centers for Disease Control and Prevention (CDC) reports that falls constitute the leading cause of traumatic brain injuries. People involved in falls account for 4 out of every 10 TBIs that result in emergency room treatment, hospitalization or fatalities. Children and the elderly constitute the age groups who are most vulnerable to suffering a TBI in a slip and fall or trip and fall accident.

Why do I need an attorney if I suffer a head injury when I fall on someone else’s property?

While there are many situations where property owners will be liable when someone falls because of a hazard on their premises, liability is not automatic. There are complex legal and factual issues that must be analyzed to determine if the owner or occupier of the premises is financially responsible for fall-related injuries. Some of the issues that our experienced Atlanta slip and fall attorneys might consider include:

  1. Evidence that the property owner was aware of the hazard
  2. The degree to which the dangerous condition was obscured from visitors
  3. Efforts undertaken to eliminate the unsafe hazard
  4. Lighting and weather conditions
  5. The specific nature of the dangerous conditions
  6. The existence and adequacy of any warnings
  7. Type of premises (e.g. private residence, government building, commercial business, etc.)
  8. Relationship between the parties (i.e. purpose of the visit)

Although this is not a complete of issues that must be considered when evaluating liability for a slip and fall accident, these examples illustrate the broad range of factors that can impact liability in a slip and fall or trip and fall.

What is a traumatic brain injury?

A traumatic brain injury involves exposure of the brain to sudden impact from something like blunt force trauma or an accident. Common examples of head and/or brain injuries suffered in falls include:

  1. Subdural hematoma
  2. Concussion
  3. Brain hemorrhage
  4. Skull fracture
  5. Epidural hematoma
  6. Bruising of the brain

Why is it important to seek medical treatment promptly even if I feel okay after experiencing impact to my head during a fall?

Sometimes it is difficult to determine the severity of a head injury because symptoms that indicate more serious problems do not immediately appear. Bleeding within the skull can increase the pressure on the brain causing permanent severe brain injuries that can be fatal. If you suffer ANY trauma to your head in an Atlanta slip and fall accident, you should seek medical attention.

Atlanta Slip and Fall Law Firm—Seeking Damages for Serious Brain Injuries For Over 30 Years

If you or a loved one is injured or a loved one dies in a trip and fall, our team of experienced Atlanta slip and fall accident lawyers at Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and the Southeast for over thirty years, including but not limited to all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.