When you’re injured at the premises of a business, it makes sense to contact a personal injury lawyer and file a lawsuit for the damage done.
But just because you were present on the premises doesn’t mean the business is responsible for the injury. There are certain legal conditions on this topic. And if these weren’t met and you filed a lawsuit, you can actually end up losing!
So, before you rush to do anything, give this article a read to understand when a business can be sued for personal injury. Let’s get started!
Table of Contents
What Is Negligence in Personal Injury Lawsuits?
The majority of personal injury lawsuits against businesses are based on negligence. This means that the injured person claims that the other entity (business) was irresponsible and ignorant towards its duty to provide the customers with a safe environment.
This negligence claim has 3-main elements;
- Duty of Care
- Breach of the Duty of Care
- Damages Caused
To file a personal injury lawsuit and be successful in it, you must ensure that each of these elements is applicable.
When a Business Can Be Sued for Personal Injury?
A business can be sued for personal injury when all the 3 main elements of a negligence claim are proven. Here’s a brief overview of each to help you understand better:
1. Duty of Care
Every business has the duty to take measures that ensure the safety of its customers. However, this does not mean that the business is responsible for every injury to the customer on its premises.
The reason behind the injury can be anything. Maybe the customer tripped because he didn’t see the wet floor warning board or because he didn’t tie his shoelaces properly. It can also be because the employees ignored the spilled water and didn’t warn the visitors.
So, you see, it’s impossible to create universal rules that a business must follow to prevent all injuries on its property. This is why the law imposes a Reasonableness Standard on all companies.
The requirements in this Standard vary from state to state. But, to give you an idea, it may ask the business to:
- Maintain the machinery regularly.
- Clean and maintain the property to prevent falls.
- Place warning signs wherever necessary.
In most cases, legal experts will draw a unique Reasonableness Standard based on the incident.
2. Breach of the Duty of Care
The term Breach means to break a law. So, if a business fails to fulfill its duty of care (according to Reasonableness Standard), it will be considered a breach.
3. Damages Caused
Just proving the duty of care and its breach isn’t enough. If you want to sue a business for personal injury, you must also prove the breach caused damages to you.
This may include pain, expensive medical bills, and losing the ability to function or enjoy life the way you did before. There can be also other forms of harm, but whatever it is, you need to prove the connection of the harm to the breach of duty of care.
For many people, it’s not possible to find evidence for each element and ensure their validity on your own. So, we highly recommend hiring a reputable personal injury lawyer and consulting them before filing a lawsuit.
