This question prompts a range of answers, because people can suffer a TBI in a wide range of circumstances. As a general matter, we say a person has legal liability for causing someone’s injury if that person’s unreasonably dangerous decisions or actions caused the accident or incident in which the other person suffered harm.
Here are three common scenarios in which people may suffer a TBI, and the individuals or entities who might have legal liability to them:
TBIs in motor vehicle accidents. Drivers owe each other a duty of care to operate their vehicles in a safe and responsible manner. Someone who causes a crash by driving recklessly breaches that duty of care and may have liability to any injured accident victims. Likewise, auto manufacturers have a legal duty not to sell unreasonably dangerous products, and might have liability to a crash victim if a defective car part played a role in causing the accident.
TBIs in accidental falls. Property owners generally must take reasonable steps to keep visitors to their properties safe from harm. They could face liability for a TBI if, say, they failed to warn visitors about and/or fix a dangerous condition (like a slippery tile floor, or a loose railing in a stairwell).
TBIs at nursing homes. Elderly people run a particularly high risk of suffering a TBI in a fall. If nursing home staff fail to monitor residents and a resident takes a tumble as a result, then the nursing home operator might face liability for the resident’s injuries.
TBIs in youth sports. Athletics contribute to a significant number of traumatic brain injuries for young people. Coaches, refs, sports leagues, and school athletic departments that fail to implement concussion protocols and other protections against head injuries may face liability for brain trauma suffered by a youth athlete.
Talk to our experienced Philadelphia brain injury lawyers today to explore who might have legal liability for your brain injury.