If you or a family member dealing with jail injury while serving time after a criminal conviction, there are several steps you can take to pursue potential compensation for medical expenses and suffering you endured. However, there are some issues like sovereign immunity that may throw a wrench in the process. Here’s what to know and how we can help.

Jail Injury: Assault & Negligence In Custody

In some jail injury cases, inmates are injured by other inmates during an assault or physical fight. In other cases, injuries occur due to the negligence of staff members or the conditions of the facility itself. For example, if an inmate is injured because guards used excessive force, or because an environmental hazard wasn’t addressed, the facility may be held liable.

Is the Jail Responsible For Harm?

Finding the jail or prison at fault for an inmate’s injury can be tricky depending on how the inmate was harmed. Inmate-on-inmate violence is usually harder to pin on a facility versus in cases where an inmate is injured due to the negligence of prison staff, such as if they are not properly supervised or if they are not given adequate medical care.

When Sovereign Immunity Is a Problem

Sovereign immunity is a legal doctrine that shields government entities from liability in many cases. This means that even if a prison or jail is at fault for your jail injury, you may not be able to sue them successfully unless an exception applies.

One exception is known as the “deliberate indifference” standard. This applies when officials are aware of a risk to inmate safety and do nothing to address it. Another is when an inmate is injured as a result of unconstitutional conditions at the facility like unsanitary conditions or inadequate medical care.

Common Causes of Injuries During Prison

Prisons are meant to be a place of safety and security, but unfortunately, they can also be a source of harm to those who are incarcerated. Injuries in prisons are a significant concern for both the individuals who are incarcerated and for the prison staff who work there. In this article, we will explore the most common causes of injuries in prisons and what can be done to prevent them.

1. Physical Altercations and Assaults.
One of the most common causes of injury in prisons is physical altercations and assaults. This can include fights between inmates, assaults by inmates on staff, and altercations between staff and inmates. These types of incidents can result in serious injuries, including broken bones, lacerations, and even fatalities.

To prevent physical altercations and assaults, it is important for prisons to have well-trained staff, effective security systems, and clear rules and consequences for inappropriate behavior. In addition, providing resources for conflict resolution and anger management can help to reduce the likelihood of these types of incidents.

2. Neglect and Medical Issues
Another common cause of injury in prisons is neglect and medical issues. This can include a lack of access to proper medical care, inadequate nutrition, and unsanitary living conditions. These types of issues can result in serious health problems, including infectious diseases, chronic conditions, and even death.

To prevent neglect and medical issues, it is essential for prisons to have qualified medical staff, access to proper medical equipment, and regular check-ups and treatments for all inmates. In addition, providing healthy and nutritious food, and ensuring clean and safe living conditions can help to improve the overall health and well-being of those who are incarcerated.

3. Overcrowding
Overcrowding is another significant issue in prisons that can contribute to jail injury. This can lead to increased tension and conflict between inmates, as well as difficulties in providing adequate resources and support. Overcrowding can also make it difficult for staff to effectively monitor and control the behavior of inmates.

To prevent overcrowding, it is important for prisons to implement effective management strategies, including reducing the number of inmates in custody, improving the conditions in which they are held, and providing support and resources to those who are incarcerated.

4. Poorly Maintained Facilities
Poorly maintained facilities are another major contributor to jail injury in prisons. This can include issues such as inadequate lighting, broken equipment, and slippery or uneven surfaces. These types of hazards can result in slips, trips, and falls, which can result in serious injury.

To prevent these types of injuries, it is crucial for prisons to regularly maintain and update their facilities, ensuring that all equipment and surfaces are in good condition and safe to use. This can include regular inspections, repairs, and upgrades to the infrastructure and equipment used in prisons.

5. Improper Training and Equipment
Improper training and equipment can also contribute to jail injury in prisons. This can include staff who are not adequately trained in how to handle conflicts, use equipment, or provide medical care. Inadequate equipment can also put both staff and inmates at risk, including equipment that is outdated, broken, or not suitable for the task at hand.

To prevent jail injury, it is important for prisons to provide regular training and support to staff, ensuring that they are equipped with the necessary knowledge and skills to perform their job safely and effectively. In addition, regularly updating and maintaining equipment can help to ensure that it is safe and suitable for use in a prison setting.

Injuries in prisons are a serious concern for those who are incarcerated and for the staff who work there.

When It’s Time to Get Professional Legal Support for Jail Injury

If you’re considering suing for a prison or jail injury, you need the help of a veteran injury attorney who can evaluate your case and help you understand your legal options. A good jail injury attorney will be able to tell you if you have a strong case and help you build it so that you have the best chance of winning.

Contact our office today by calling (678) 319-9991, or fill out our quick online contact form and one of our team members will get back in touch with you as soon as possible to answer your questions.