A potential personal injury lawsuit is a risk that every business has to take that brings in customers into their premises. Even when businesses avoid lawsuits for many years, one lawsuit is enough to bankrupt the business, especially smaller ones. This high price is due to insurance and other costs apart from just the lawyer fees.
Every customer has the right to feel safe when stepping into a store or business and the business is required to provide a safe environment. If the business fails to meet the requirements, and a customer is injured, the customer can sue the business for the resulting injuries.
Personal injuries by customers have to be proven through three main factors:
- Duty of care owed by the business to it’s customers
- Breach of duty of care
- Injury was caused by this breach
Proving Duty of Care
Businesses that have customers come into their premises should have the duty of care to make sure their premises is safe. This does not mean that the business can be held responsible for every injury that took place in their premises. Courts understand that is not possible to avoid all injuries.
But, there are reasonable “standards” for businesses to follow. These requirements are based on the context of each lawsuit, and can vary based on each state. But here are few standards that are common between most lawsuits:
- Regular inspections take place on the premises for dangerous objects or situations.
- The premise is clean to avoid slip and falls.
- Warnings are placed around dangerous areas, such as wet floors.
- Immediate repairs to any defective equipment or floor areas, including outside pavements on entrances.
Again, this is not an exhaustive list, but examples of safety standards that most businesses will be responsible for.
Proving Breach of Duty
If the business has failed to address these various standards, then the business has “breached” its duty and can be held responsible for the resulted injuries. For instance, if there is a slip and fall case against a local food store, the store could have breached the standard in many ways. The store might have failed to inspect its premise at a regular basis. Or, the store could have neglected to put up a warning sign for customers to avoid that specific area. Moreover, there might have been an employee who had noticed the spill but did not do anything to clean it up, which would come under negligence.
Proving Harm was caused by the Breach
A customer’s harm can be considered many different things:
- Pain and suffering caused by the injury itself
- Medical bills
- Temporary or permanent unemployment
But all of these have to be proven in court to have been a result of the breach in duty. Let us take the instance of the slip and fall. While there might have been a spill near the location where the injury took place, but the customer had actually tripper over his or her own shoe, the business cannot be held responsible, even if they had breached their duty. The harm must be a direct result of the breach.
If you find your business to be sued for a personal injury claim, Interstate Lawsuit Funding can help with a pre-cash settlement loan until the case is settled. If you are facing a slip and fall, accident or personal injury claim, the loan is available at no risk to you.
Once you complete a 30-second application on our website, Interstate Lawsuit Funding can provide you up to $5,000 within 48 hours based solely on the merits of your case. We will not require credit checks or proof of income.
The loan check is for you to keep since we will be paid back from the settlement amount. If you are unable to win you case, then we will not require you to pay off the loan, we guarantee the loan will not affect your personal valuables or credit history.