Personal Injury Lawyer
If you’ve recently been seriously injured on a business’s property, you may be wondering whether you can sue. Before you determine whether you have grounds for legal action, you must establish the duty of care that the business owed you.
As a personal injury lawyer from a firm like the Yearin Law Office can explain, personal injury lawsuits are often filed based on negligence. In these cases, the injured party is required to prove that the business owed a duty of care, that the level of care was not met and that an injury occurred as a result. The plaintiff must also prove that damages were incurred as a result of the injury. The duty of care typically depends upon the type of visitor you were.
Types of Visitors
Customers are normally owed the highest duty of care since they are considered invited guests. Businesses are expected to inspect their premises for safety and warn customers of any possible risks.
Licensees are people who are permitted on a business’s premises in a limited manner. Businesses owe licensees warning of potential danger. Trespassers, on the other hand, have no permission to enter the company’s property and are owed no duty of care as a result.
Example Reasons for Suing a Business
For example, imagine you were served food that was contaminated by a business and you wound up with food poisoning. The burden of proving that you became ill as a result of consuming that particular food falls on you, as the plaintiff. As a result, it often takes many customers falling ill to prove that a business was negligent.
In another example, say you sustained an injury as a result of a slip and fall. If you can prove that the company knew about the potential risk of injury and failed to eliminate the risk, you may be able to sue. In some cases, the same applies when an accident occurs outside of the business’s actual building but still on the property.
Actions To Take After an Injury
If you are injured by or on the premises of a business, try to follow these steps:
- Seek medical attention immediately, even if you believe the injury to be minor.
- Document everything, including your recollection of the accident, missed time at work and all relevant medical records.
- Gather names and information of all potential witnesses.
- Meet with an attorney to discuss potential legal action.
- File a lawsuit against the company at fault with the help of your attorney.
When you are the victim of an injury at a place of business, call an attorney to discuss potential legal action against that company early on and ensure you take the appropriate steps to file a lawsuit.
