A head injury claim can mean very different things depending on where the injury happened. A fall in a grocery store, a broken stair railing at an apartment building, a blow from falling equipment at a job site, an assault in a parking garage, and a helmet that failed can each lead to a different responsible party, a different insurer, different rules, and sometimes a much shorter deadline. This page sorts a head injury claim by setting, so you can see who may be involved and what evidence tends to disappear first. For collisions, see our page on car accident head injury claims, which covers crash evidence and auto coverage.
Medical care comes before any claim. The CDC lists danger signs after a head injury, such as a worsening headache, repeated vomiting, seizures, slurred speech, or being hard to wake, that call for emergency care right away.
Head Injury Claim by Setting: Quick Reference
| Where it happened | Who may be responsible | Who to notify first | Evidence most at risk |
| Store, restaurant, gym, or other business | The business, the property owner, or a maintenance contractor | A manager on duty. Ask for a written incident report. | Surveillance video and the condition that caused the fall |
| Apartment building or private home | A landlord, a property manager, or a homeowner, often through their insurer | The landlord or manager, in writing | Photos of the stairs, railing, lighting, or other condition before repairs |
| Workplace | The employer, through workers’ compensation, plus any outside party that caused the injury | Your employer, promptly | Equipment, contractor identities, and coworker accounts |
| Assault | The attacker, and sometimes a property owner whose security is in question | Law enforcement | Video from nearby businesses and witness names |
| Defective product | The manufacturer, distributor, or seller | Keep the product instead of returning it to the maker | The product itself, its packaging, and proof of purchase |
| Public property or government employee | A city, county, state agency, or other public entity | The entity, through a formal government claim | Photos of the condition, and time. The claim deadline is short. |
A Head Injury Claim Against a Business or Property Owner
Many head injuries happen in ordinary places: a fall on a wet floor, a trip on a broken curb in a parking lot, merchandise falling from a high shelf, a low beam or unmarked step. A claim against a business usually turns on whether the owner or operator knew, or should have known, about the hazard and failed to address it. Our slip and fall page explains how that knowledge, often called notice, is shown.
In these cases, evidence tends to disappear fast. Store cameras may record over footage on a schedule, spills get mopped up, and displays get moved. A written incident report, the names of employees who responded, and photos of the exact spot, taken the same day if possible, often carry more weight than anything gathered later.
Head Injuries at a Rental Property or a Private Home
Apartment stairwells, loose handrails, poor lighting in common areas, and falls from balconies or decks can all lead to a head injury claim against a landlord or property manager. A report made in writing creates a record that the problem was raised. If the condition had been reported before, those earlier complaints can matter too.
When the injury happens at a friend’s or relative’s home, people often hesitate. A claim in that setting is usually directed at the homeowner’s or renter’s liability insurance, if there is a policy, and not at the person’s own savings. Whether coverage applies depends on the policy terms.
A Head Injury at Work
California’s Division of Workers’ Compensation explains that workers’ compensation is generally the exclusive remedy against an employer that is properly insured. That means an injured worker usually can’t sue that employer. The same guidance notes that a claim or lawsuit may be possible when someone other than your employer caused the injury. For example, a subcontractor’s crew that dropped materials, the maker of faulty equipment, or a driver who hit a worker on a job site.
A workplace head injury can therefore involve two tracks at once: a workers’ compensation claim, and a civil head injury claim against an outside party. How the two interact is explained on our page on whether you can sue for a brain injury.
Head Injuries From an Assault
When an assault causes a head injury, the criminal case and any civil claim are separate. The criminal case is brought by prosecutors. A civil claim for the injured person’s losses is brought by the injured person. The attacker may be responsible, but collecting from an individual can be difficult. In some situations, a business or property owner may also be responsible if security at the location is in question, and that depends heavily on the facts.
The California Victim Compensation Board (CalVCB) can help pay certain expenses for eligible victims of violent crime, including medical treatment, mental health treatment, and income loss. CalVCB describes itself as a payor of last resort, which means it covers only expenses that no other source reimburses, including insurance and civil recoveries.
Defective Products and Head Injuries
A helmet that cracked, a ladder that collapsed, a scooter that failed, or a piece of equipment without adequate warnings can all lead to a product claim. The most important step is keeping the product in its current condition, along with packaging, manuals, and receipts. If the item is thrown away, repaired, or returned to the manufacturer, key evidence may be lost. Product claims follow their own rules, explained on our defective products page.
Public Property and Government Employees
Falls on broken public sidewalks, injuries in public parks or buildings, and incidents involving government employees follow a separate process. Before a lawsuit can be filed, a claim generally must be presented to the public entity under California’s Government Claims Act. The courts’ self-help page on government claims puts that deadline at six months after an injury. That is much shorter than the general deadline, which the courts’ deadline guide sets at two years after the injury for most personal injury suits.
What Every Head Injury Claim Has in Common
Wherever the injury happened, the same core records make up the claim. Our other guides cover each part in depth:
- Proving the injury when scans are normal and recovery is uncertain: mild traumatic brain injury settlements
- Counting medical costs, lost income, and future care: economic and non-economic damages
- Presenting the claim to an insurer: brain injury demand letter
- Evaluating an offer after a serious injury: fair settlement for TBI
- If a lawsuit becomes necessary: traumatic brain injury lawsuit
If the injured person shares some responsibility, California reduces the recovery by that share instead of barring it. See pure comparative fault.
Discuss a Head Injury Claim With Vaksman Khalfin
If you aren’t sure who is responsible for a head injury, or which process applies, a free consultation with Vaksman Khalfin, PC can help sort that out. Head injury matters are handled on contingency: the fee is an agreed percentage of any recovery, and case costs are treated separately under the written fee agreement. Call (877) 780-4727, or visit our California brain injury practice page.
Reviewed by Alan D. Khalfin, Partner, Vaksman Khalfin, PC (admitted in California). Last reviewed: 09/24/2026
Frequently Asked Questions
Get medical care first. Then report the injury to whoever is responsible for the place where it happened (a manager, landlord, employer, or law enforcement) and ask for a copy of any written report. Keep photos, witness names, and any product involved. A head injury claim is usually presented to the responsible party's insurer, and a lawyer can explain who that is in your situation.
Usually the business or the property owner, and sometimes a contractor responsible for maintenance. It often depends on whether they knew, or should have known, about the hazard. The claim is typically handled by their liability insurer.
Against a properly insured employer, workers' compensation is generally the only remedy, according to California's Division of Workers' Compensation. If someone other than your employer caused the injury, a separate claim against that party may be possible.
The criminal case and any civil claim are separate. You may have a claim against the attacker and, in some situations, against a property owner whose security was inadequate. The California Victim Compensation Board may help with certain expenses as a payor of last resort.
Yes. A claim generally has to be presented to the public entity first. The California Courts self-help guide lists 6 months from the injury for that step, compared with 2 years for most personal injury lawsuits against private parties.
Keep the product itself, unaltered, along with the packaging, instructions, and proof of purchase. Returning it to the manufacturer or throwing it away can lose the central evidence.
