Violence causes approximately 14% of spinal cord injuries in the United States. Gunshot wounds and stabbings to the spine frequently result in permanent paralysis. While assailants face criminal charges, victims may also pursue civil compensation.
How Violence Causes Spinal Cord Injuries
Gunshot Wounds
Firearms are the leading cause of violence-related spinal cord injuries:
- Direct spinal cord damage—bullets traversing the spine
- Vertebral fractures—bullet impacts shattering bone
- Secondary damage—bone fragments, swelling, or hemorrhage affecting the cord
The level of paralysis depends on where the bullet damages the spinal cord. Cervical gunshot wounds often cause quadriplegia; thoracic and lumbar wounds typically cause paraplegia.
Stab Wounds
Knife attacks can damage the spinal cord when the blade penetrates between vertebrae into the spinal canal.
Blunt Force Trauma
Severe beatings, being struck with objects, or being thrown can cause spinal fractures and cord damage.
Civil Claims for Violence-Related Paralysis
Criminal prosecution doesn't compensate victims. Civil lawsuits can provide recovery when:
Claims Against the Assailant
You can sue the person who attacked you for:
- Assault and battery—intentional torts
- All resulting damages—medical costs, lost income, pain and suffering
However, individual assailants often lack assets or insurance to pay judgments. Other defendants may provide recovery.
Premises Liability Claims
Property owners may be liable if they failed to provide reasonable security:
Foreseeability of Crime
Property owners must provide security when criminal activity is foreseeable. Evidence of foreseeability includes:
- Prior crimes at the location—history of violent incidents
- Neighborhood crime rates—high-crime areas require more security
- Type of business—certain businesses attract criminal activity
Inadequate Security Measures
Liable property owners may have failed to provide:
- Adequate lighting in parking lots and common areas
- Security guards or patrol
- Working surveillance cameras
- Controlled access (locks, key cards)
- Adequate staffing
Properties Commonly Involved
- Apartment complexes—particularly in high-crime areas
- Hotels and motels—security for guests
- Parking garages and lots—often isolated areas
- Nightclubs and bars—alcohol increases violence risk
- Convenience stores—frequent robbery targets
- Shopping centers—large crowds, multiple access points
Employer Liability
If you were attacked at work, claims may exist against:
- Your employer—for inadequate workplace security
- Co-workers' employers—if a coworker attacked you
- Property owners—if employer didn't own the premises
Special Relationships
Some entities have heightened duties to protect from violence:
- Schools—duty to protect students
- Hospitals—duty to protect patients
- Nursing homes—duty to protect residents
- Prisons/jails—duty to protect inmates from assault
Proving Premises Security Claims
Key Evidence
- Crime statistics—prior incidents at the property and surrounding area
- Police reports—documentation of the attack and prior calls
- Security records—guard logs, camera footage, incident reports
- Property inspection—lighting, locks, security measures in place
- Security expert testimony—evaluation of adequacy of measures
Security Expert Analysis
Security experts can testify about:
- Industry standards for similar properties
- Specific security measures that should have been implemented
- How adequate security could have prevented the attack
Criminal Case Coordination
Civil and criminal cases proceed separately but can interact:
Criminal Conviction Benefits
A criminal conviction can help your civil case:
- Establishes the assault occurred
- May be admissible as evidence in civil case
- Discovery from criminal case may provide useful information
Timing Considerations
- Civil cases can proceed before criminal trial concludes
- Assailant may invoke Fifth Amendment, limiting discovery
- Don't wait for criminal case to resolve—statute of limitations applies
Damages in Violence-Related Spinal Cord Cases
Victims can recover:
- Medical expenses—all treatment costs, past and future
- Lost wages and earning capacity
- Pain and suffering—physical pain and emotional trauma
- Emotional distress—PTSD, anxiety, depression from violent attack
- Loss of enjoyment of life
- Punitive damages—potentially available against property owners who egregiously failed to provide security
Statute of Limitations
Filing deadlines for violence-related injury claims vary:
- Assault/battery against attacker: typically 1-3 years
- Premises liability: typically 2-3 years
- Claims against government (public housing, etc.): often 30-180 days notice required
Contact an attorney promptly—evidence preservation is critical in security cases.
Conclusion
While criminals bear primary responsibility for violent attacks, property owners who fail to provide reasonable security share liability for foreseeable crimes. If inadequate security contributed to a violent assault that caused your spinal cord injury, you may recover substantial compensation from negligent property owners.