How to Prove a Business is at Fault for Personal Injury
When you enter a business establishment, you have the right to feel safe. The business is required to provide a reasonably safe environment for its customers and when that obligation is not met, an injury may occur. If you are injured as a result of a business owner’s negligence, you may be able to sue the company for those injuries.
There are three criteria that must be met in order to prove a business is at fault in a personal injury claim. You must prove that the business did there was a duty of care owed to you, that the business breached that duty and that you were injured as a result of the breach.
Proving Duty of Care
Courts understand that a business cannot prevent every type of injury to customers. However, they do feel as if a customer has a reasonable expectation that they will be safe. A business owner must regularly inspect the premises for defects that may cause harm and must regularly clean to prevent slip or falls.
Businesses must place warning signs in areas where hazards exist such as wet floors. When it is raining, a business must place rugs or mats in order to avoid water accumulation as well as repair any cracks in pavement that could lead someone to fall. These are just a few examples of ways a business must protect customers.
Breach of Duty
The next step is to prove that the business breached the duty of care. If there was no warning sign that an employee just mopped the floor, causing you to slip and fall, this would be an example of a breach of duty. Spilled liquid that is not cleaned up for several hours that lead you to slip and fall could also be considered a breach of duty. It is important to demonstrate breach of duty in order to prove a business is at fault in your injury.
Proving Harm
Finally, you must be able to demonstrate that the breach of duty led to your injury. For example, if the grocery store did not place a mat at the entrance on a rainy day, causing you to slip and break your arm on the wet floor, it is more than likely that will be sufficient to prove that the breached duty caused you harm. However, if you slip and fall due to the wet floor and are not injured at all, the business is not at fault since no injury occurred. If you tripped over your own feet and fell, even if it was on the wet floor, you may not have a claim even if you are injured because the breach of duty did not cause the harm.
If you have suffered an injury at a place of business, contact Lundy Law today to learn whether you have a personal injury claim. You can arrange for your initial consultation by calling 1-800-Lundy Law or completing the simple form on our website.
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