When can a Business Be Sued for Personal Injury?
Individuals, every day, are injured when on a company’s premises. Injured parties might have the ability to pursue a personal injury lawsuit then recover the damages suffered. As a business owner, you need to be aware of what could possibly occur if someone is injured within your business.
Many personal injury lawsuits which are filed against companies are upon the basis of negligence. Negligent actions require the proving of four aspects: duty of care, breach of the duty, causation, as well as damages. If a company didn’t offer a safe environment to consumers and the consumer becomes injured as a consequence, the consumer may have the ability to seek recovery for his/her damages suffered.
Duty of Care
A company inherently asks people to come into their business for the company to profit. As such, they will owe a duty of care to every person who comes into their property. The duty of care often is expressed as acting within a reasonably prudent way. But, the level of reasonableness might be based upon the kind of visitor.
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Breach of Duty
As a standard of care is set up, the plaintiff possesses the responsibility of showing that the company breached this duty. For instance, the company might’ve failed to clean the property on a routine basis, leaving liquid upon the floor which someone later slipped on. A worker might’ve noticed the spill and then neglected to clean it.
One important aspect of a negligence claim includes showing that the breach of duty led to the injury. This breach must’ve been the proximate and actual cause of harm. It isn’t enough to prove that the consumer was injured within the place of business – something that a company did not or did do must’ve been the reason why an individual experienced an injury.
Also, the consumer must prove that she or he experienced some harm. It might be physical harm which may be proven with hospital bills, lost work which may be proven by pain and suffering or employment records. A consumer has to have the ability to show all the preceding aspects to prevail with her or his claim.
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Personalized and Thorough
If you are a business and have experienced someone who got injured at your place of business, contact The Campbell Law Group, P.A., today by calling 305-460-0145 or by filling out the easy-to-use contact form located on this page. We will go over your legal rights and provide more information about how to protect the business.