Filing a personal injury lawsuit against a business may become complicated. This is because there can be various contexts in this claim, for instance, the most common contexts are product liability or premises liability cases.
When a person gets injured within the premises of a business or as a result of using a product, the victim can sue the business and claim for the compensation for the damages incurred. If you are living in New York State, and have been a victim of a personal injury, Personal Injury Attorney in Staten Island can help you in this regard.
However, before considering a lawsuit, it is important to understand various contexts when you can sue a business. These conditions are as follows:
Negligence is one of the most common conditionsthat leadto a personalinjury lawsuit. There are four elements that are required to consider an action as negligence; duty of care, breach of duty, cause and damages. In case the business has not provided a safe environment and consequently,customers get injured, the customer can seek for the compensation of the damages he or she has suffered.
When a business asks customers to visit them for the purpose of profit, that business owes a dutyof care to everyone visiting their property. This care is expressed when the business acts in a reasonably responsible way. However, the type of the visitor must be into consideration given this reasonable amount of care:
States have different laws and standards that are observed on different parties. There are many jurisdictions in which the duty of care depends such as the relationship between a landowner and the victim. For example, if the visitor is invitedto a business that means the person often visits the business for the benefit of the owner’ of that property- customers are invitees. A land or business owner has the biggest duty of care to invitees and is responsible to warn of them of any known and obvious danger. He is also responsible to inspect the property and its maintenance.
When a person is permitted to go to the property for a certain time period he or she will be considered a licensee such as a houseguest. Licensees are also people who are supposed to be warned of any danger on the property.
Trespassers are not allowed to enter the property. In case a trespasser gets injured in the property, the landowneris not responsible for such injury. However, the landowner cannot take any action that makes his or her property dangerous for the trespasser such as setting up traps or any other dangerous thing to injure someone.
In such cases, the courtcan use a reasonableness standard to determine theduty of care that a business is responsible for. The purpose of seeing the standard is to attain a balance between overly distressing standards and the safety of the public. In order to act in a reasonable manner, businessesmust follow the following steps:
The expert’switness can testify about a certain custom or rules in the relevant industry.
Breach of duty occurs when the business owner ignores or fails to fulfill certain established duties. For instance, if the business fails to clean the floor regularly, leaves the floor wet or any liquid on it that someone slipped on it later on. The employee deliberately ignored to clean the spill.
If negligence or the use of a certain product has causedan injury, the business will be subject to a personal injury claim. For instance, recently, a famous baby powder brand Johnsons & Johnsons was sued by a customer who claimed to have suffered by cancer after using the baby powder for years. As the product caused severe injury to the consumer, the victim sought product liability lawsuit.
Proving the Damages:
The customer must prove that he or she has suffered the damages because of oneor more of the above-mentionedfactors. The customer must show the medical bills etc., in order to support the claim.
In these cases, the victim needs the assistance of a personal injury lawyer, who can represent the plaintiff; and with his or her experience and knowledgemust seek compensation for the injuries.
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