Obviously, a business must be able to provide its customers with a safe environment from the moment they enter its premises. Moreover, the business has an obligation to provide its customers with a reasonably safe environment.
Naturally, when any business fails to meet this obligation, and the result is an injured customer, the latter will probably be able to sue the business. Usually seen as a typical negligence claim, a personal injury lawsuit against a business can be made for most types of accidents, such as a slip, fall and so on.
Given that most people don’t know when they should actually sue a business for personal injury, we thought of providing you with the information required to take the right decision in such cases.
The Basic Elements of a Personal Injury Lawsuit
Any customer who has sustained an injury on a business’s premises must prove three basic elements that constitute a personal injury lawsuit. These elements are; the so-called duty of care owed by the business to the customer, a breach of the duty of care, and the harm that has been caused by the breach.
In the following paragraphs, we’ll detail each of these elements and also provide you with the types of evidence that you may use as proof in a personal injury lawsuit.
As mentioned above, a business has to ensure that its customers are in a relatively safe environment as soon as they enter its premises. Naturally, this doesn’t mean that a business can be held responsible for all the injuries that customers might suffer.
Courts realize that businesses cannot prevent all injuries which may occur on their premises. In this respect, businesses must comply with a standard of reasonableness when trying to prevent any injuries from happening.
For example, they have to clean the premises regularly so that any slips and falls are avoided, create as well as follow a procedure for inspecting the premises for any defects which could injure customers. They must also warn anyone entering the building of wet floors or dangerous locations and repair crumbling or cracked pavements located near the entrance way as soon as possible.
Obviously, when a business fails to reach a standard of reasonableness and deal with the aforementioned any injured customer will be able to sue for personal injury.
A business is seen as breaching its duty if it fails to fulfill its duty of care and deal with any of the above issues which may cause injury to one of its customers.
For example, if a product is spilled on the floor, it must be dealt with as soon as possible. The business has to adhere to its cleaning schedule, and its employees must be able to organize their tasks in such a way that makes them capable of solving such problems in the blink of an eye.
It is a business’s job to take care of anything on their premises that might harm one of their customers or employees.
- Proving the Harm caused by the Breach
Naturally, the customer must be able to prove that a breach – resulting from a business not attaining a standard of reasonableness – has caused an injury.
The harm can have many forms with some of the most common ones being the cost of medical bills, pain and suffering, loss of earning capacity and the loss of the ability to enjoy any of life’s pleasures in the same way as before the injury.
It goes without saying that the injured person must prove that the injury was caused by the business’s inability to handle its breach. If a customer is not being careful and trips over their shoelaces or, simply put, harms themselves on the premises of the business, they cannot sue for personal injury.
The Bottom Line
If you are not sure enough whether you can sue a business for personal injury, then the main recommendation we can make is to rely on a personal injury law firm. They can guide you through the process of proving that your injury has been caused by a breach, as well as help you get the most out of a lawsuit.
Obviously, it is important to make sure that the business is to blame for your injury before considering a lawyer or a lawsuit. Employing an attorney and actually suing the business can be very costly and will also take a while to settle during which you will lose a lot of both money and time.