When a Business Can Be Sued for Personal Injury
Whenever customers visit business premises, they are entitled to reasonable safety provided by the business owners. Therefore it is a legal obligation to the business and if a business fails to meet it, and customers by any chance gets injured, these customers can file a personal injury against the business. Three basic elements fall under business negligence claim, and these are the arguments that a customer will use to file a successful personal injury claim. These elements are proof of duty of care to customers, proof of breach of this duty and proof of damages or injuries as a result of this breach.
Proof Of Duty Of Care
Every business that allows customers in their premises is expected by law to provide a reasonably safe environment for all shoppers. However, it is not all injuries that will be suffered by a customer that the court will find the business liable because sometimes it could be an aspect of negligence by the customer himself. The court argues that a business cannot manage to prevent all injuries happening in its premises and if this were not the case, its obvious businesses would be overly and unfairly burdened. Therefore the court only enforces reasonable safety standards on businesses, and these standards may differ from one circumstance to another.
In this case, a personal injury claim against business will only be considered enforceable if the customer can prove that the business had a duty of care towards them. For instance, if a customer falls because a shop attendant left a wet and slippery floor without placing a warning sign, then the business will be considered liable. In an instance, such a customer coming to your store drunk only to fall and have a head injury, their claim may not be accepted because it would be ruled as their own negligence. To determine all these cases, a Tampa personal injury attorney would be required to give a testimonial after determining whether the business owed a duty of care to the customers or not.
Proof Of Breach Of Duty Of Care
After determining that the business had a duty of care towards its customers, the court will have to determine if they failed to fulfill this duty and this is termed as a breach of duty. For instance, if water or any other product spills on the floor and the business fails to clean it and forget to place a warning sign or for whatever reason does not clean that floor, this will be considered as a breach of duty. Sometimes it can be an innocent mistake by the shop attendants, but as long as a customer suffers any injury from these errors, the customer can successfully file for personal injury claim against the business. The breach occurs when it is proven that the business had a duty of care to its customers under the current circumstance and they failed to honor it whether deliberately or unintentionally.
Proof Of Injury As A Result Of The Breach
If a customer can successfully proof duty of care and breach of this duty, he will also be required to prove that he suffered injuries from this breach and not from other forces. The injuries can be in the form of physical pain and suffering, cost of reduced earning capability, and the cost of current and future medical bills. For instance, if a customer falls because you left unrepaired cracks on the pavement leading to a leg injury, he can rightfully file for personal injury claims against your business. However, if a customer falls near that crack on the pavement because of his untied shoelaces and not the crack itself, then his claim for personal injury claim may not go through.
Personal injury claims help the victim to recover the losses incurred from the injury suffered. You will need to prove that a business had a duty of care towards you, has breached this duty and you suffered an injury as a result of this breach before filing a personal injury claim against such a business successfully. You may need to work closely with a Tampa personal injury attorney to ensure that you get fairly compensated.
Author Bio: Douglas Pitassi is a freelance writer and small business blogger.