Head Injuries From Falls

Quick answer

The CDC reports that falls lead to nearly half of TBI-related hospitalizations and that older adults are more likely than any other age group to be hospitalized for or die from a TBI.[1] A fall on someone else’s property may support a premises liability claim, which generally turns on the visitor’s legal status and the condition of the property.[2] A fall at work is generally covered by workers’ compensation.[3]

How common fall injuries are

  • The CDC reports that “Over 14 million, or 1 in 4 older adults report falling every year.”[4]
  • “Falls are the leading cause of injury for adults ages 65 years and older.”[4]
  • Falls among adults 65 and older caused more than 43,000 deaths in 2024, making falls the leading cause of injury death for that group.[5]
  • The age-adjusted fall death rate for older adults increased 21%, from 64.7 per 100,000 in 2018 to 78.4 per 100,000 in 2024.[4]

Differences by age

Older adults are the group most likely to be hospitalized for or to die from a TBI, according to the CDC.[1] At work, the risk also rises with age: NIOSH reports that construction workers 65 and older were almost four times more likely than workers ages 25-34 to have a fatal TBI.[6]

Falls on someone else’s property

Premises liability claims generally depend on why the injured person was on the property. LII defines an invitee as “a person who enters another’s property with the owner’s express or implied invitation,” such as a customer, and explains that the duty owed to an invitee “is typically one of reasonable care to keep the premises in a reasonably safe condition and to warn of any known dangerous conditions that are not open and obvious.”[2]

The duty owed to a licensee, such as a social guest, varies by jurisdiction. LII notes, for example, that Georgia holds premises owners “liable to a licensee only for willful or wanton injury.”[7]

Example: the invitee standard

The duty owed by a property owner to an invitee is typically one of reasonable care to keep the premises in a reasonably safe condition and to warn of any known dangerous conditions that are not open and obvious.

Source: Legal Information Institute, Wex. [2]

Falls at work

NIOSH reports that 805 workers died from falls in 2020 and that 211,640 suffered injuries severe enough to require days away from work in private industry.[8] OSHA “requires that fall protection be provided at elevations of four feet in general industry workplaces, five feet in shipyards, six feet in the construction industry and eight feet in longshoring operations.”[9] A fall at work is generally handled through workers’ compensation, though a claim against a third party such as a contractor or equipment maker may also be possible. See workplace head injuries.

Falls on public property

When a fall happens on government property, such as a public building or sidewalk, special notice rules and deadlines may apply. See claims against the government.

Filing deadlines, shared-fault rules and insurance minimums are set by state law. Our state law pages quote the governing statutes for each state we cover.

Learn more: Personal injury claims · Workers’ compensation · Pre-existing conditions

Frequently asked questions

What percentage of TBI hospitalizations are caused by falls?

The CDC reports that falls lead to nearly half of TBI-related hospitalizations.[1]

What duty does a store owe a customer?

Customers are generally invitees. LII describes the duty owed to invitees as reasonable care to keep the premises reasonably safe and to warn of known dangers that are not open and obvious.[2]

This page provides general information from the sources listed below. It is not legal or medical advice, and reading it does not create an attorney-client or provider-patient relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. Centers for Disease Control and Prevention. “Facts About TBI.” https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html
  2. Legal Information Institute, Wex. “Invitee.” https://www.law.cornell.edu/wex/invitee
  3. Legal Information Institute, Wex. “Workers’ compensation.” https://www.law.cornell.edu/wex/workers_compensation
  4. Centers for Disease Control and Prevention. “Older Adult Falls Data.” https://www.cdc.gov/falls/data-research/index.html
  5. Centers for Disease Control and Prevention. “About Older Adult Fall Prevention.” https://www.cdc.gov/falls/about/index.html
  6. NIOSH Science Blog. “Traumatic Brain Injuries in Construction” (2016). https://www.cdc.gov/niosh/bulletin/2016/brain-injuries-construction.html
  7. Legal Information Institute, Wex. “Licensee.” https://www.law.cornell.edu/wex/licensee
  8. National Institute for Occupational Safety and Health. “Falls in the Workplace.” https://www.cdc.gov/niosh/falls/about/index.html
  9. Occupational Safety and Health Administration. “Fall Protection.” https://www.osha.gov/fall-protection

Sources last checked: October 11, 2026

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