One of the major safety protocols that business owners either don’t think about that much, or even fail to notice is the constant watch that businesses must keep, and the action they must take: for slippery surfaces, dangerous conditions and other things that could pose risks to any customer or patron on the premise. Every customer has the right to feel relatively safe when setting foot on the premise of the business. On the other hand, the business has the obligation to provide a reasonably safe environment for customers to shop. If you slip, fall, or get injured in the business premises, you might have valid legal claims against that business.
As a subset of personal injury law, these cases are controlled by the basic rules of negligence. There are three main elements of personal injury lawsuit against a business for injuries, slip and fall on the premises: a duty of care owed by the business to the customers, a breach of the duty of care, and harm caused by the breach. To prevail in a personal injury lawsuit against a business, your personal injury attorney must prove of those elements.
Duty of Care
A business that welcomes customers has a duty to provide for the safety of the customers. Part of this duty is to warn people that they might slip, or fall if they don’t avoid dangerous conditions. However, the duty of care does not mean the business is liable for any injury suffered by customers. Your personal injury attorney understands that a business can never prevent all injuries. Instead, businesses are expected to exercise the same amount of care as a reasonably prudent person. This involves taking reasonable precautions, guarding against foreseeable problems, and warning customers of the danger. You can recover damages only if your personal injury lawyer in Staten Island can prove that the business failed in its duty of care.
Breach of Duty
Any business that opens up to the public has legal obligation to reasonably maintain the premise safe for the protection of customers. If a business fails to meet its duty of care, the business is said to have breached its duty. In identifying the breach of duty, the courts focus on whether the owner made thorough and regular efforts to keep the property safe or clean by asking the following questions:
- Can the owner prove that the premise is regularly maintained?
- Had the dangerous spot been present long enough that the owner should have known it?
- Could proper warning been given to prevent someone from slipping or falling?
- Were the employees aware of the mess and intended to correct it?
- Did the business create a cleaning schedule, but fails to adhere to the schedule on the day in question?
Any of these errors, but not limited, is considered a breach on the duty of care by a business.
To win a personal injury lawsuit, your personal injury lawyer must prove that the breach of duty caused you harm. The harm can include: cost of medical bills, Pain and Suffering and failure to enjoy life as prior to the injury. A personal injury attorney must have sufficient evidence to show that you suffered the harm after a slip or fall.
If you have been injured in slip and fall accident in a business’ premise, Staten Island personal injury attorney can answer any question you may have during your free case evaluation.