Suing a Business for Personal Injury
Brian O Sutter
Personal Injury
If you have been injured and have decided to file a personal injury case then you have at least one year from the date of the injury to file your claim. However, this can differ from state to state. If it is a business that you are suing due to the personal injury, then you are probably going to need to collect evidence for a negligence claim, and it probably has to do with a slip and fall that occurred on their property.Slip and Fall Cases
It can be challenging to prove fault when it comes to a slip and fall case against a business. Thousands are injured in these types of accidents each year, but many still find it difficult to prove that the property owner was indeed at fault.
For these cases, you should determine if the property owner could have prevented the accident from happening in the first place. Were they aware of the unsafe conditions that could cause injury? If they were aware and failed to take reasonable steps to remedy the situation, then they may be found liable for the injuries you sustained.
Contacting an Attorney
If you have been injured in a slip and fall, it is highly recommended that you seek help from a professional and knowledgeable attorney right away, so they can help you prove liability and collect all the evidence you will need to build your case.
The rule of comparative negligence is typically followed in slip and fall cases which means that if there was any chance that you had any part in the accident, such as talking on a cell phone instead of paying attention, then your settlement for the claim may be reduced to account for the part you played in sustaining the injuries. The liability would not fully rest on the head of the property owner at that point.
When Can I Sue?
You can sue a business for personal injury when the duty of care owed by the business to the customer is not followed through, there was a clear breach of the duty of care, and when harm is caused by this breach. To win your case, you will have to prove each one of these happened.
You will also want to prove that the breach is what caused you harm so you can also seek compensation for your pain and suffering, the cost of your medical bills associated with the slip and fall, the loss of earning capacity because of the injuries you sustained, and the loss of your ability to enjoy life as you did before the accident and injury took place.
You must prove that a customer walking into the store did not trip and fall because of their own shoelaces, but rather because the entrance was in disrepair and they tripped and fell due to cracks or broken cement.
What Should I Do Following a Slip and Fall
After a slip and fall occurs, you will want to make sure you document exactly what happened when the accident occurred. You should also take several pictures of the area in which you fell, including the conditions of the area. It is also a good idea to photograph the shoes you were wearing at the time because this might help prove that your shoes did not have anything to do with why you fell in the first place.
You will also want to contact your attorney after you have addressed your injuries. Make sure to provide your attorney with all the evidence you have collected, including your medical records due to the accident.