Hurt in an Attack Where the Property Owner Should Have Kept You Safe?

Brain Injury From an Assault on Unsafe Property: Lawyer for Attack Victims

Did you or someone you love suffer a brain injury during a violent attack? Maybe it was an assault, a beating, a shooting, or a robbery on someone else’s property. If so, the attacker may not be the only one legally responsible.

Property owners are supposed to provide reasonable security. When a landlord, business, or manager fails to do this, and a crime happens that they could have expected, that failure can support a claim against the owner.

This is different from a brain injury from a car crash or a fall. Here, a person chose to hurt you. But a property owner may have made it possible by ignoring known risks. This page explains, in plain language, who may be responsible and what your family can do next.

Request a free, confidential case evaluation. We’re a Florida-based firm that takes serious cases nationwide. Our team serves clients in English and Spanish.

Attacked on Someone Else’s Property and Left With a Brain Injury?

Say you were beaten in a dark apartment parking lot. The gate had been broken for months. Or you were shot outside a store where the cameras hadn’t worked in a year. The attacker is responsible. But so may be the owner who let the property become a target.

This kind of case has a legal name: a negligent security claim. It is a type of premises liability, which means holding a property owner responsible for unsafe conditions. You don’t need to know the term to have a case. You just need to know what happened to you.

We focus only on catastrophic, life-altering traumatic brain injuries from violent crime. We don’t handle routine claims. A brain injury from an attack can affect memory, mood, speech, movement, and the ability to work. These effects often last for the rest of a person’s life. The burden falls on the whole family. You don’t have to carry it alone.

Who This Is For

This is legal help for people and families hurt by a catastrophic brain injury during a violent attack. The attack happened on property that lacked reasonable security. It’s for:

• Survivors of assaults, shootings, robberies, and other attacks who now face lasting harm to the mind, body, or emotions.
• Families pursuing a wrongful-death claim if a loved one died from the attack. A death is the most catastrophic outcome there is. Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) lets certain surviving family members bring a claim.

These attacks often happen in predictable places. Think apartment complexes and gated communities, parking lots and garages, hotels and motels, bars and nightclubs, and gas stations, stores, and ATMs.

This page is about serious, permanent brain injuries. It is not about minor bumps or brief concussions that fully heal.

How a Brain Injury From an Attack Changes a Life

A traumatic brain injury (TBI) happens when a violent blow or jolt disrupts normal brain function. It can range from mild to severe, per the Mayo Clinic. Violent assaults are a leading cause. The CDC reports that assaults are among the top causes of TBI-related hospital stays and deaths in the United States (CDC, Traumatic Brain Injury Surveillance).

Common long-term effects include:

• Problems with memory, attention, and concentration
• Changes in personality and mood
• Seizures and chronic (long-lasting) headaches
• Loss of the ability to work
• The need for lifelong care and supervision

Is a TBI a chronic condition? Often, yes. Doctors increasingly see a moderate-to-severe TBI not as a one-time event. Instead, it is the start of a lasting health condition that needs ongoing care. That’s why detailed medical records matter so much. So does a realistic plan for future care.

An attack can cause harm beyond a direct blow. Strangulation or heavy blood loss can starve the brain of oxygen. This causes an anoxic or hypoxic brain injury. Learn more on our traumatic brain injury resource hub.

Can You Sue the Property Owner After an Attack?

In many cases, yes. This is true if you were attacked because the owner failed to provide reasonable security. Florida law generally requires property owners to take sensible steps. They must protect lawful visitors from crime they could reasonably expect.

Reasonable security that may be missing includes:

• Working locks, gates, and controlled access
• Good lighting in lots, stairwells, and hallways
• Working security cameras
• Security guards where the risk calls for them

The key idea is foreseeability. This means whether the danger could reasonably be expected. If crimes happened at or near the property before, an attack may have been foreseeable. If so, the owner may have had a duty to act.

Florida law draws specific lines here. Under Fla. Stat. § 768.0706, some owners of multifamily homes may get a presumption against liability. To qualify, they must meet a set list of security measures. This includes lighting to certain standards, cameras at entries and exits, deadbolt locks, and more. So what an owner did and did not do is central to the case. That’s why early investigation matters.

Under Fla. Stat. § 768.81, Florida follows modified comparative negligence. A person found more than 50% at fault generally recovers nothing. Whether you have a claim depends on your specific facts. A licensed attorney should review your situation. We can’t promise any result.

What Our Representation Covers

Our work covers the full investigation, case-building, and negotiation. The goal is to seek accountability from every responsible party.

• Investigation. We gather the police report, 911 records, and the property’s crime history. This includes nearby calls for service and crime-grid data. We also collect camera footage, lighting and security reviews, and witness statements.
• Identifying responsible parties. These may include the property owner, the management company, a security contractor, and the attacker.
• Building the medical picture. We work with treating doctors, neurologists (brain doctors), and life-care planners. Together we document the brain injury and your future care needs. See our guide to the long-term effects of brain injury.
• Calculating damages. These can include past and future medical care, rehab, lost income, and lost earning ability. They can also include in-home and long-term care, pain and suffering, and wrongful-death damages for families.
• Handling insurers and defense lawyers. We deal with the other side so your family can focus on recovery.

We handle these cases on a contingency-fee basis. That usually means no upfront fee. We explain the specifics during your free evaluation.

How the Process Works

Cases move through five stages. The sooner it starts, the better the evidence can be saved.

1. Free case evaluation. It’s confidential, with no obligation, in English or Spanish. We listen and explain your options.
2. Investigation and evidence preservation. We act fast to secure footage and records before they’re erased. Surveillance video is often deleted within days.
3. Medical documentation. We establish the diagnosis, severity, and long-term outlook of the brain injury.
4. Filing and negotiation. We present the case to insurers and defendants and seek fair compensation.
5. Litigation if needed. When a fair offer isn’t made, we prepare the case for trial.

Catastrophic cases take time, and every case is different. We can’t guarantee a timeline or a result. But deadlines matter. Under Fla. Stat. § 95.11, the deadline to file most Florida negligence claims is two years. This applies to claims arising on or after March 24, 2023. Contact us early so nothing is missed.

Why Work With CHG Personal Injury Lawyers

We focus on catastrophic, life-altering injuries. This includes brain injuries, spinal cord injuries, and negligent-security cases. We don’t handle routine claims.

• Our attorneys are licensed and admitted to the Florida Bar.
• We’re a Florida-based firm that takes serious cases nationwide.
• We handle the dual challenge of a negligent-security case. We prove both the security failure and the severity of the brain injury.
• Our team is bilingual (English/Spanish) and speaks in plain language.

We can’t promise outcomes. We don’t make win-rate or “best” claims. What we offer is focus, preparation, and respect for what your family is going through. Contact us for a free case evaluation.

Frequently Asked Questions

Talk to a Lawyer for Brain Injuries From Attacks on Unsafe Property

You don’t have to figure this out alone. Did you or someone you love suffer a brain injury from an attack on unsafe property? We’re ready to listen and explain your options.

Your case evaluation is free and confidential. It’s available in English or Spanish, from a Florida-based firm serving clients nationwide. Acting quickly helps preserve the evidence your case may depend on.

Request your free case evaluation now. Or learn more on our negligent security and catastrophic injury claims resource pages.