Personal Injury Liability occurs when someone is injured on business property. The business is held liable if there is a breach of the duty of care owed by the business to the customer and if harm was caused by that breach.
Each business has an obligation to provide a reasonably safe environment for its patrons. If a business is unable to meet that obligation and someone is injured then the business may be liable for the injury. This does not mean that the business is liable for all injuries that occur on their property.
Three Elements of a Personal Injury Liability Lawsuit
Anyone injured on the business property is required to prove three elements in order for the business to be held liable for the injury.
Laws vary by state but for the most part, the business is required to act reasonably to provide a safe environment for its customers. In a personal injury liability lawsuit, the injured party must prove the duty of care meaning that the business should follow these or similar guidelines:
- Regularly inspect the area where business is conducted for defects that could harm customers
- Regularly clean the premises to help prevent falls
- Place warning signs near the location of any danger
- Provide a rug or mat in entryways to avoid water collecting on the floor
- Repair damaged pavement near the entryway
The injured party must then prove that the company violated or breached their duty of care. If the injury was caused by the business not conducting any of the routine actions above then the accident responsible for the injury could be considered a result of a breach in duty of care.
The party filing the personal injury liability lawsuit must also prove that the breach in the duty of care caused harm. Harm can include pain and suffering, medical bills, loss of income, or decreased value of life. Proving that the breach is what caused the harm can be the most difficult element. The breach in duty of care must be directly related to the injury that has been sustained.