Can You Sue a Business if You’re Injured on Their Property?
If you were recently injured while on a business’s property, you may be wondering if you can pursue legal action to receive financial compensation. There are a few factors involved, including the state you live in. For example, the personal injury law in Michigan may differ from that in Alaska. Below, we’ll highlight the key things you need to know about whether you can sue a business as a result of your injury.
What is Premises Liability?
First, it’s important to understand premises liability. Premises liability is the legal concept that says property owners or occupiers are responsible for maintaining safe conditions on their premises. According to Chopin Law in New Orleans, “The rules governing premises liability essentially state that the owner of a property, whether residential or commercial, has a duty to keep the area reasonably safe for anyone who would come onto the property.”
Businesses have a “duty of care” to their visitors, which requires them to address known dangers and reasonably inspect for potential hazards. When determining whether you can sue a business for your injury, premises liability comes into play if you were injured while on their property. To prove premises liability, you need to show that the business was negligent in maintaining its property and that this negligence was the direct cause of your injury.
Common Types of Injuries
There are a few types of injuries that are common on business properties. One of the most common types of injuries is those arising from a slip and fall accident. Slip and fall accidents can happen when a business leaves a floor wet after mopping, if there’s a spill on the floor, or if the business fails to clear away an icy sidewalk. Similarly, people can get an injury if they trip and fall due to obstacles like potholes, loose wires, or a poorly lit area.
Other potential hazards include falling objects, broken stairs, or loose handrails. Premises law may also come into play if there is an injury due to security negligence, such as poor lighting or a lack of security cameras. While these are the most common types of injuries, the type of injury is less important than what caused it when it comes to pursuing legal action.
Determining Liability
To determine whether you can sue a business for your injury, you need to determine liability. First, you need to demonstrate that the property owner owed a duty of care, which means they were responsible for maintaining a safe environment. Once you prove this, you then need to prove that the property owner or occupier breached this duty of care. A breach of care could consist of failing to clean up a spill in a timely manner or a failure to repair a known hazard.
Lastly, you need to prove that your injury was the direct result of the breach of care. Evidence of this connection typically includes photographs of the scene, witness statements, or maintenance records. The more evidence you have of all three elements, the more likely your case will succeed.
Steps to Take After an Injury
After you experience the injury, there are a few steps you’ll want to take. First, get any necessary medical attention. Even if the injuries seem minor, having a doctor examine you will not only rule out more serious problems but will also create an official record of the injuries you sustained.
Next, once you’re able, you should try to take photographs of the accident scene. For example, if you slipped on a set of stairs due to poor lighting or ice, capturing evidence of this will help prove your case. You should also get the contact information of anyone who witnessed the accident, as you may need them to testify on your behalf.
Finally, consider speaking with a lawyer. Filing a personal injury claim against a business is a complicated process. A lawyer can help walk you through the process, including the gathering of evidence, to ensure everything goes smoothly. In addition, many personal injury lawyers only get paid if you win your case, so you don’t need to worry about upfront costs.
Compensation Expectations
If you win your case, the amount you can expect in compensation will depend on a few factors. First, there are the medical expenses associated with your injury, including hospital visits, physical therapy, and prescription medications. Next, if you are unable to work due to your injuries, the compensation will typically cover the amount of lost wages.
The third main factor is pain and suffering. These are non-economic damages for physical pain and emotional distress caused by the injury. Typically, the bigger the reduction in quality of life, the higher the compensation. Other factors that may come into play include property damage, where your personal belongings were also damaged, and punitive damages, which are awarded in cases of egregious negligence to discourage similar behavior in the future.
