Liable Businesses in Your Personal Injury Claim
Filing a personal injury claim or lawsuit directly against a business can be much more complex than filing one against an individual. Personal injury claims against a business can arise in a variety of contexts. Some of the most common contexts include premises liability and product liability cases.
If you have been injured due to the negligence of a company or other business, you might be able to file a personal injury claim or lawsuit for damages. Businesses have experienced lawyers on their side representing their interests, and you should too. The knowledgeable Clearwater personal injury lawyers at Dolman Law Group Accident Injury Lawyers, PA can examine the facts and circumstances of your case and help you review all of your legal options.
Premises Liability Cases
Stores and other businesses open to the public owe a duty to their customers to maintain the premises in a reasonably safe condition at all times. This means that company owners, managers, and employees should take measures to warn the public of known defects or dangers on the premises. They also have a duty to inspect the premises on a regular basis for hidden, latent defects or dangers.
For example, in a restaurant or grocery store, managers owe a duty to safeguard against any food or liquid spills on the floor. If a spill occurs, managers should take prompt action to remove the spill or to place a warning cone or placard around the area where the spill occurred. Manager or other store employees should also frequently check the aisles for spills. Failing to do so could result in civil liability if a customer slips and falls.
Proving a Premises Liability Case
In order to have a valid premises liability claim against a business, the accident victim must be able to show that the business (or its employee) had ample notice of the danger or defect and that the business had ample time to warn the public of the condition or correct it, but failed to do so.
It is important to keep in mind that premises liability goes well beyond slip and fall accidents. Businesses are also responsible for securing the premises and making sure that their customers are safe at all times. This duty also includes making sure that all areas of the premises are well lit. Consequently, if any harm befalls a business customer while on the premises, the customer may often be able to assert a negligence claim against the business.
In addition to proving fault on the part of the business, the accident victim will need to prove that they sustained damages and that these damages were the direct result of the accident that occurred on the premises.
Steps to Take Following a Personal Injury on Business Premises
In order to safeguard your legal rights, there are certain steps that you should take after sustaining injuries on someone else’s property. First, you should report your injury to a manager on duty – including your version of how the incident occurred. The manager or another company representative on duty will likely fill out an incident report. Once the report has been prepared, you should request a copy and review it for accuracy. If the report contains any significant deficiencies, you should take prompt action to correct them.
If you are able, it is also a good idea to take pictures of the scene where the incident occurred and to speak with any witnesses who may have observed the accident. If possible, you should obtain all witness contact information in case you need to refer to it later. Finally, you should make sure that someone calls an ambulance and that you seek follow-up medical care at a hospital or urgent care facility.
Product Defect Personal Injury Cases
Product defect – or products liability – refers to an area of the law which compensates consumers for injuries caused by defective products. Compensable product defects can include any one of the following:
- Manufacturing defects, where the product was improperly assembled or manufactured, and as a result, caused injury to the consumer.
- Design defects, where the product was not designed in accordance with industry standards, causing injury to the consumer.
- Warning defects, where warnings or warning labels are absent from the product or are too small for the average consumer to read, ultimately resulting in injuries to the consumer.
Proving Defective Products in a Product’s Liability Case
A business can be sued for allowing a defective product to enter into the stream of commerce. In order to show that a product was defective, the injured consumer should be able to show that the product was flawed when it left the hands of the manufacturer and that it was not changed or altered in any way. The consumer must also be able to show that he or she used the product in the way the manufacturer directed. Finally, the consumer must be able to show that the injuries sustained resulted from the defective product, rather than from some other source. Product defects can cause a product to shatter, break, or explode, causing severe injuries.
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Pharmaceutical Product Liability Cases
Pharmaceutical companies can also be the subject of product liability cases when drugs are released to the public without the necessary and proper testing. Drug companies can also be on the line if the drug warnings are inadequate or do not properly apprise the consumer of potential side effects and drug interactions.
Talk to a Clearwater Personal Injury Lawyer Today About Your Case
Injuries sustained on business premises – or from defective products – can range from small cuts or abrasions to bone fractures, to traumatic brain injuries. The insurance company for the business will likely be supplying the coverage in your personal injury case. Insurance companies and their adjusters will work to minimize compensation for the claim in order to save their company money. For this reason, it is important to work with an attorney who understands how to maximize your recovery for your claim.
The Clearwater personal injury lawyers at Dolman Law Group Accident Injury Lawyers, PA can take on the insurance company and file the necessary claim or lawsuit against an at-fault business or corporation. To schedule a free consultation and case evaluation with a Clearwater personal injury lawyer, please call us today at (727) 451-6900, or contact us online.
Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33756