Common Causes of Prison Injuries

Some of the common causes of prison injuries include:

• Staff mistreatment: The correctional staff at a prison may use excessive force when restraining inmates. This can result in serious injuries. Sexual assault by prison guards is another common problem for inmates, as well as deliberate indifference when an inmate's safety or health is at risk.
• Lack of medical care: Many prison inmates have existing medical conditions that require ongoing medication. Others may develop health issues due to unsanitary conditions in a prison. When proper medical care and treatment are not provided on time, this can further deteriorate the health of a prisoner.
• Assault by an inmate: Another common cause of prison injuries is fellow inmate attacks. These may be one-off incidents, a show of power by a prison gang, or a result of a personal grudge. They may also be motivated by a variety of other reasons. An attack by a fellow prisoner can inflict serious injuries on an inmate.
• Slip-and-fall: Slip-and-fall incidents are not uncommon in prisons. An inmate may slip due to a wet floor, debris, or poor floor design. As with any slip-and-fall, the incident can result in mild to serious injuries.
• Lack of sanitation: Many prisons have unsanitary living conditions that are conducive to infections, diseases, and other health issues.

Laws Related to Florida Prison Injury Claims

Prison injury claims can be of several types. The nature of your claim will depend on whether you were injured in a federal, state, or private prison. Unlike personal injury claims outside of prison walls, the claims arising from incidents within a prison are limited by specific laws.

Prison Litigation Reform Act (PLRA)

The Prison Litigation Reform Act (PLRA) is a piece of federal legislation enacted in 1996.

Under the PLRA, you can’t file a federal lawsuit as a prisoner unless:

• You have lodged formal complaints against your grievance with the prison authorities.
• You have sought all administrative remedies available for your grievance.

In other words, you can’t sue the prison officials until you have formally complained about your grievance and sought every possible remedy under the prison rules.

Federal Tort Claims Act (FTCA)

If you have already complied with the PLRA, you can then file a federal lawsuit against prison authorities. This is possible under the Federal Tort Claims Act (FTCA), which waives the legal immunity of federal prison employees.

Discover How Our Florida Prison Injury Lawyers Can Help

Here at Fischer Redavid PLLC, we believe everyone is entitled to the rights enshrined in the Constitution, and this applies to prisoners as well. If you have suffered a prison injury due to another party’s negligence, our lawyers can help you seek maximum damages.

Refer a case today

You can get in touch with us via our online contact form or by calling (954) 860-8434