While most personal injury claims are against private citizens, you can also file a formal complaint against a business if you received an injury on its premises. However, it’s often more difficult to hold a company accountable for its negligence than it is to do so for an individual. If you sustained an injury as a result of a business’ negligence, speak to an experienced personal injury lawyer about your rights.
Types of Business Liability
If reckless and negligent actions result in the injury of a client or customer, a business can be held legally responsible. Most claims of this kind fall into the category of either premises or product liability.
With premises liability, the company or storefront has a reasonable duty to protect its customers, employees, and visitors. Any place of business must warn visitors about existing dangers, such as spills, or damaged stairs. For example, you could sue under premises liability if you slipped on a juice spill in a grocery store. If the management knew about the mess, and neglected to clean it up, they are liable for medical damages. However, you must prove that the business knew about the issue at hand and did not act accordingly.
Whether a corporation owes you financial restitution also hinges on your reason for visiting the business. Customers are considered guests to the premises and should thus receive the highest duty of care which includes being made aware of any potential dangers. Trespassers, however, are not subject to monetary obligations since they were not welcomed visitors to the premises.
Product liability involves injuries caused by products that are manufactured incorrectly, do not meet industry standards, or lack necessary warning labels. If you file this type of claim, you must be able to prove that you used the product as directed, that it was defective when you purchased it, and that your injuries are due to the product and not for another reason. When filing a legal claim, you must be able to provide documentation that an oversight of the manufacturer directly caused your injury.
If a product you bought malfunctions and causes damage, you should get immediate medical attention. Doing so can be extremely helpful when it comes time to negotiate the compensation amount. Insurance companies will use the fact that you waited before seeking medical attention to downplay the severity of your injuries, thus allowing them to offer minimal financial restitution.
It can be challenging to prove that a business acted negligently in a personal injury case, so it’s essential to retain the services of an attorney who can advocate on your behalf. The Fort Lauderdale personal injury lawyers at Salpeter Gitkin, LLP have experience taking on large corporations who are more concerned with their bottom line than accurately compensating injured parties. We can implement proven effective negotiation tactics to help ensure that all accident-related damages are covered. Contact us today at 954-467-8622 for a free case evaluation.