How a Business Can Be Sued for Personal Injuries

July 13, 2022

How a Business Can Be Sued for Personal Injuries

Many incidents happen within the business premises, causing injuries to individuals. These injuries may be fatal, and the injured individual can file a lawsuit to demand compensation. Businesses in Atlanta must ensure the safety of anybody within the business premises who access the services offered. Most enterprises work under the assumption the obligation of safety lies on the people within the business. Some famous personal injuries include slips and falls, which the business might be held accountable for if they failed to set the necessary warnings or intentionally ignored the danger. This article will explore when a business can be sued for personal injury. 

Business Negligence Actions

Most businesses are held accountable for being negligent in ensuring the safety of their customers or people around their premises. To file a claim for a personal injury caused by a business, you must prove that they were negligent. To prove that the cause of the injury suffered was due to negligence, you must show the four-element: duty of care, breach of duty of care, causation, and damages. Anybody who can prove these elements are eligible to get compensated for the injuries and loss they experience.

Duty of care

A business must care for anybody entering their premises to ensure they provide a reasonably safe environment. However, proving that a business had a duty of care can be challenging since the court may rule in favour of the business. They might understand that some mistakes are unpredictable; however, laws vary depending on the state. This is why victims should consider hiring a lawyer such as Atlanta personal injury law firm to help them prove that the defendant owed them a duty of care. Businesses should consider doing the following things.

Constant Inspection

An enterprise should regularly inspect its premises for any defects that could harm people. They should warn people about the defect or put a notification for people to read. 

Dry Cleaning

Businesses should ensure constant cleaning to help prevent cases of slips and falls. They should also warn their customers and everybody on the premises of wet floors by placing signs around the area. They can also provide rugs and mats on their entrances, especially when it's raining, avoiding water accumulation on the store floors.

Repairs

Businesses need to repair cracked walls and crumbling pavement to avoid disaster when they fall. If part of the premises needs repair, it should be done as soon as possible.

Proving Breach of Duty

When a customer suffers a personal injury due to negligence, they must prove that the business breached its duty of care. If a shopper slips and falls due to a wet floor, the business will have breached the duty of care if they had not placed a warning about the wet floor or had no proper cleaning schedule. 

Causation

Customers need to prove that their injuries were caused by the business's breach of duty of care. As a victim, you must demonstrate that the cause of your injury resulted from something the business did or did not do.

Damages

The customer must show that they suffered considerable harm due to the company's negligence. To prove damages, you can record statements and have all the medical records showing that your injuries resulted from negligence.

Bottom Line!

The above shows when businesses can be sued for personal injury. The victim should have reputable good lawyers to help prove this since it can be challenging.

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