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12 Dec

Is a Falling Brick a Personal Injury Mishap? Can You Sue The Property Owner

By Melissa Hidalgo

Urban environments can present hidden dangers. Among them, falling bricks are a serious hazard that can cause severe injuries or even fatalities. Whether it’s due to poorly maintained structures or negligence on construction sites, falling debris often raises complex legal questions. If such an incident has harmed you, understanding your legal options is crucial. In this blog, you will explore whether a falling brick qualifies as a personal injury mishap and also know when you can hold a property owner accountable.

What Should You Do After a Falling Brick Injury?  

Prompt action after a falling brick injury can strengthen your case and protect your well-being. Follow these steps:  

Seek Immediate Medical Attention  

Even if your injuries seem minor, consult a doctor. Falling bricks can cause internal injuries that might not be immediately apparent. Medical records also serve as vital evidence in legal proceedings.  

Document the Incident  

Take detailed photos of the brick, the surrounding area, and any visible injuries. Record the time, date, and exact location of the incident to establish context.  

Identify Witnesses  

Witness testimony can play a crucial role in supporting your claim. Collect contact information from anyone who saw the accident occur.  

File a Report  

Inform the property owner or building manager about the incident. Request a written record or receipt of your complaint.  

Consult a Legal Expert  

Reach out to experienced personal injury attorneys in Orlando. They can help assess your case, explain your rights, and guide you through the legal process.  

Can You Sue the Property Owner?

Yes, you can sue the property owner if you can prove that their negligence caused the falling brick accident. To establish liability, four key elements must be demonstrated:

Duty of Care  

Property owners are responsible for maintaining their buildings and ensuring they are safe for others. This includes inspecting structures and addressing potential hazards like loose bricks.  

Breach of Duty  

If the property owner failed to conduct regular maintenance or ignored warning signs, they may be deemed negligent.  

Causation  

You must prove that the owner’s negligence directly led to the falling brick and your subsequent injuries. For example, if records show previous complaints about loose bricks, it strengthens your case.  

Damages  

Compensation must be tied to the harm caused. Damages could include medical expenses, lost wages, and pain and suffering.  

Challenges in Proving Liability

Proving liability in a falling brick case can be complicated. Property owners might deny negligence or shift blame to external factors. Common hurdles include:

Natural Causes  

Property owners may argue that weather events, such as storms or strong winds, were responsible for the incident.  

Third-Party Responsibility  

If construction work was underway, the owner might claim the contractor or workers were at fault.  

Lack of Evidence  

Without solid evidence like maintenance records or witness testimony, proving negligence becomes more challenging.  

To overcome these challenges, your lawyer might gather:  

  • Building maintenance records.  
  • Testimony from structural engineering experts.  
  • Security footage from nearby cameras.  

These steps can help establish the property owner's accountability.  

Common Causes of Falling Bricks

Understanding why falling bricks occur can provide insight into the responsible parties. Here are some common causes:

Neglected Building Maintanence

Over time, wear and tear can weaken structures. If property owners fail to address these issues, loose bricks might pose a hazard.

Unsafe Construction Practices

Construction zones are particularly risky if safety measures like debris nets and barriers are not in place.

Severe weather conditions

Extreme weather can dislodge weak bricks, but proper maintenance can mitigate these risks. 

Each of the above scenarios involve different degrees of liability, but negligence remains a common thread. It is always advisable to consult personal injury attorneys in Orlando for further clarification. 

Real-Life Case Study: Falling Bricks in Orlando  

In a notable case, a pedestrian suffered severe injuries from a brick that fell from a poorly maintained building façade. Investigations revealed that the property owner had ignored repeated warnings about structural weaknesses. The victim successfully sued the owner, receiving compensation for medical expenses and long-term care.  

This case underscores the importance of holding negligent property owners accountable for preventable incidents.  

Alternative Legal Paths: Filing a Premises Liability Claim  

In addition to personal injury claims, victims of falling bricks can file a premises liability claim. This legal avenue focuses specifically on the property owner’s responsibility for ensuring safety on their premises.  

Premises Liability Laws in Florida  

Florida law requires property owners to maintain their premises in a reasonably safe condition. This duty extends to:  

  • Invitees: Individuals with permission to enter, such as customers or tenants.  
  • Licensees: Social guests who are invited onto the property.  

To succeed in a premises liability claim, you must demonstrate that the property owner knew, or should have known, about the hazard and failed to address it.  

What Compensation Can You Expect?  

The amount of compensation varies depending on the severity of your injuries and the case details. Here’s what you could potentially recover:  

  • Economic Damages: These include tangible costs like hospital bills, rehabilitation expenses, and lost income.  
  • Non-Economic Damages: These address emotional suffering, pain, and reduced quality of life due to the incident.  
  • Punitive Damages: In extreme cases of gross negligence, courts might award punitive damages to deter similar conduct.  

Preventing Falling Brick Incidents  

While legal action can address harm, prevention is the best solution. Communities and property owners can take proactive measures to reduce risks.  

  • Regular Structural Inspections: Property owners should schedule routine assessments to identify and fix structural vulnerabilities.  
  • Enhanced Safety Protocols for Construction Sites: Construction managers should implement safeguards like nets, warning signs, and restricted access to hazardous areas.  
  • Public Reporting Systems: Local governments can create channels for citizens to report unsafe buildings or construction sites, ensuring timely action.  

These steps not only protect individuals but also foster a safer environment for everyone.  

The Bottom Line

Falling bricks aren’t just accidents; they’re often the result of negligence that could have been avoided. If you’ve suffered injuries from such an incident, you have the right to seek justice and compensation. By understanding your rights, gathering evidence, and consulting skilled personal injury attorneys in Orlando, you can navigate the legal process effectively. Acting promptly after an injury can make a significant difference. Protect your health, preserve your rights, and take the necessary steps to hold negligent parties accountable.