The last thing a business wants is to have a customer injured while in its shop or restaurant. Accidents happen, however. The law doesn't hold businesses responsible for accidents unless the company or its employees failed to meet a legal duty of care. If you want to sue for an injury that happened at a business location, you must prove that the business was legally at fault.
Businesses Owe Customers the Highest Duty of Care
Liability for customer accidents that happen in business establishments is based on the customer's status as a person who is invited there for the company's commercial benefit. A business owes its customers more care than it owes to anyone else who may visit the company.
Circumstances Determine the Type of Suit
Personal injuries to patrons can happen in a variety of ways. All business establishments can be sued for slips, falls, and collisions. Restaurants can be sued for breach of implied warranty for food poisoning or for improper items that make it into the food. The owners of a business can be sued based on poor hiring, supervision, or training of employees. Each state has its own laws that determine the standards of care that can apply in any personal injury case involving a business.
Businesses Normally Must Exercise Ordinary Care
Courts know that businesses can't prevent every accident from happening. Instead, businesses are expected to exercise the same amount of care as a reasonably prudent person. This entails guarding against foreseeable problems, taking reasonable precautions, and warning customers of dangers. In short, businesses must inspect, maintain, and warn. You can recover damages for most types of personal injury only if you can prove that the business failed in these duties.
Customers Can Be at Fault
A court can determine whether a customer contributed to the accident that resulted in the injury. Damages will be reduced by whatever percentage of fault the court assigns to the plaintiff. For example, if you are injured climbing up a lower shelf to reach an item on the top shelf, a court may find that your actions were unreasonable and contributed to your injuries. In that case, the store may have to pay only a portion of the damages for your injuries.
A Personal Injury Lawyer Can Help
The law surrounding injuries sustained in retail establishments is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a personal injury lawyer.