Brain Injury From Assault: Property Owner Liability

Most articles about traumatic brain injury cover slip-and-falls or car crashes. This one is different. It’s about permanent brain injury from a violent attack—a beating, shooting, or robbery—that happened because a property owner failed to provide reasonable security.

If this describes what happened to you or a loved one, you may hold the property owner responsible. Not instead of the attacker, but alongside them. When an owner ignores an obvious, predictable danger and a foreseeable attack occurs, the injured person or family may have a legal claim for negligent security.

Who this page is for

• Brain injury survivors living with permanent, life-altering effects after an assault.
• Families who lost a loved one in a fatal attack and want to understand a wrongful-death claim—the most catastrophic outcome there is.
• People unsure whether they can sue when a criminal committed the actual assault.
• Anyone hurt at an apartment complex, parking lot, garage, hotel, nightclub, gas station, ATM, or store where security failed.
• Spanish-speaking families needing help understanding their options—our team and resources are bilingual.

This page focuses on serious, permanent brain injuries—not minor bumps or brief symptoms. If you’re unsure how severe an injury is, see our signs of a serious brain injury guide.

Why assault-related brain injuries are different

A brain injury from violent assault often differs from one caused by a fall. Blows to the head, being struck with an object, gunshot wounds, or oxygen loss during strangulation can cause severe focal or diffuse damage. According to the CDC, assault is a recognized leading cause of TBI-related deaths, alongside falls and motor-vehicle crashes.

These injuries frequently mean permanent changes: memory and concentration problems, personality and mood shifts, seizures, speech or movement difficulty, and loss of work or independent living ability. That’s why we treat them as catastrophic matters. To understand how doctors classify severity, see our guides on mild, moderate, and severe TBI grades and diffuse axonal injury.

How can a property owner be responsible for an attacker’s crime?

A property owner can be held responsible when the attack was foreseeable and they failed to take reasonable security steps. The law asks two things: Was the danger predictable? Did the owner do enough to protect visitors?

Common security failures in negligent security cases include:

• Broken gates or door locks that let strangers enter.
• No lighting or broken lighting in parking lots, stairwells, and walkways.
• No working cameras where crime had occurred before.
• No security guards at properties with documented violence history.
• Propped-open entry doors to secured buildings.
• Ignored tenant complaints about safety problems.

“Foreseeable” means the danger was predictable. Prior crimes at the same address, known unsafe conditions, or high-crime areas put an owner on notice. In Florida, a 2023 change to the law (see Fla. Stat. §768.0706) sets specific security standards for multifamily residential properties—lighting, locks, cameras, and more. When an owner knew or should have known and did nothing, that failure can create liability.

The attacker and property owner can both be responsible. A civil claim against the owner does not excuse the person who committed the crime. They are separate matters. Learn more in our Traumatic Brain Injury (TBI) Overview and Premises Liability Claims guides.

For families after a fatal attack

If your loved one did not survive, please accept our sincere condolences. A death caused by a preventable security failure can support a wrongful-death claim brought by the family, separate from any criminal prosecution.

Under Florida’s Wrongful Death Act (Fla. Stat. §§768.16–768.26), the estate’s personal representative brings the claim on behalf of surviving family members. Recoverable losses include funeral and burial expenses, medical costs before death, lost support and services, and—for close family members—loss of companionship, guidance, and protection. Florida generally sets a two-year deadline for wrongful-death claims. We handle these matters with dignity, keeping the family at the center.

What can a negligent security claim cover?

A negligent security brain injury claim can seek money for the full cost of the injury—both past expenses and future demands. These claims often include:

• Medical costs: emergency care, neurosurgery, hospital stays, rehabilitation, therapy, medications, and assistive devices.
• Future care: long-term or lifetime care, home modifications, and in-home caregiving for severe TBI.
• Lost income and earning capacity when the injury prevents return to work.
• Non-economic damages: pain and suffering, cognitive and personality changes, loss of independence, and family strain.
• Wrongful-death damages for families, as described above.

Specific damages depend on the facts and your state’s law. No lawyer can honestly promise a particular amount.

How a claim works, step by step

1. Free case evaluation. Talk with an attorney at no cost and no obligation, in English or Spanish.
2. Investigation—start now. We gather police reports, security footage, lighting and maintenance records, prior crime history, and witness statements.
3. Documenting the brain injury. We collect medical records and neurological findings and work with experts on severity and future needs.
4. Identifying who’s responsible. That may be the property owner, management company, security contractor, or more than one.
5. Building and presenting the claim. We prepare a demand, negotiate, and file a lawsuit if a fair resolution isn’t reached.

Why the clock matters—two reasons:

• Camera footage disappears. Many surveillance systems overwrite recordings within days or weeks. A prompt written preservation letter stops that.
• Filing deadlines are firm. Florida’s deadline for most negligence lawsuits is generally two years for cases arising on or after March 24, 2023, under Fla. Stat. §95.11. Deadlines differ by state. Miss it, and the claim can be barred.

Contact us now so evidence can be preserved before it’s lost.

“How much is my case worth?”—an honest answer

There is no single “average” that predicts your case. Any lawyer quoting a number before investigating is guessing. Here’s what actually drives value:

• The severity and permanence of the brain injury—the impact lasting a lifetime.
• Total medical and future-care costs, often projected by a life-care planner.
• Lost earnings and reduced earning capacity.
• The degree of the owner’s negligence and how clear the security failure is.
• The insurance coverage and assets actually available to pay a claim.

Severe, permanent brain injuries and wrongful-death cases involve the highest stakes because the harm never ends. Florida uses a modified comparative-negligence rule under Fla. Stat. §768.81. A person found more than 50% at fault generally recovers nothing. Each case is decided on its own facts.

Why families choose CHG Personal Injury Lawyers

We focus on catastrophic, life-altering injuries—spinal cord injuries, paralysis, amputations, severe burns, and traumatic brain injuries. That focus shapes how we investigate and value a case.

• Focused experience. We understand what a lifelong brain injury truly costs a family—medically, financially, and personally.
• Credentials. Our attorneys are licensed and admitted to the Florida Bar. We take catastrophic-injury cases nationwide.
• Bilingual service. Our team and resources are available in English and Spanish.
• No upfront fees. We work on a contingency-fee basis: no attorney fee unless there’s a recovery.

When you’re ready, request your free case evaluation.

Frequently asked questions

Can I sue the property owner if the attacker is being prosecuted?

Yes. A civil claim against the property owner is separate from any criminal case against the attacker.

What if I don’t know who attacked me?

You may still have a claim against the property owner based on the security failure, even if the attacker is never identified.

How much does it cost to hire the firm?

Your case evaluation is free. We work on a contingency fee, so there’s no attorney fee unless there’s a recovery.

How long do I have to file in Florida?

Generally two years for cases arising on or after March 24, 2023, but it varies by state. Contact us promptly.

Can our family bring a claim if our loved one died?

Yes. Florida’s Wrongful Death Act allows the estate’s personal representative to bring a claim for surviving family members.

Do you handle cases outside Florida?

Yes. We are based in Florida and take catastrophic-injury cases nationwide, in English and Spanish.

Talk to a lawyer today—free, confidential, bilingual

You didn’t cause this, and you don’t have to figure it out alone. If a serious brain injury—or the loss of a loved one—followed an attack that better security might have prevented, we can help you understand your options.

The sooner you reach out, the sooner critical evidence like camera footage can be preserved. Request your free, confidential case evaluation now. There’s no cost and no obligation. “`