Business Negligence and Personal Injury
- January 27, 2016
There are many forms of negligence when it comes to Personal Injury cases, but one that is talked about little is business negligence that leads to Personal Injury.
Our blog post today will deal with Negligence and Business Duty to Protect its customers from potential injury.
Both businesses and individuals may be legally and financially liable for injuries they cause due to negligence. Determining negligence relies on several factors, including breaching a particular duty of care to protect another individual.
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Common Business Duties of Care
A business may be found negligent for some reasons, all of which involve breaching duties that the business has toward others. Each duty involves the ability to foresee a risk to others safety. These duties, known as duties of care can take many forms.
For example, a small retail pet shop would have the duty of care for delivery personnel who might be dropping off a new product, customers who enter their facility and inspectors who enter its place of business. If any one of these people trips over misplaced bags of dog food or even a toy that is within the store, it may be cause for a personal injury case based on a business negligence lawsuit.
Here are some more examples of the duty of care in other kinds of injury-related cases:
- In a slip and fall case, a property or business owner has a legal obligation to keep the premises free from known hazards, and must act within a reasonable time to discover and remedy other dangers as they present themselves.
- In a medical malpractice case, a doctor or other medical professional must provide treatment with the same level of skill and care that a reasonably competent health care provider would act with under similar circumstances.
- In a defective product case, the manufacturer, distributor, and seller of a consumer product all have a legal duty to produce and sell products that are free of unreasonable or unexpected dangers to consumers.
Duties for businesses change based on who works for the company and their levels of expertise needed to deliver their service.
A great example of this is an automotive repair shop that employs trained and licensed automotive technicians has a higher duty of care to its clients than an unskilled defendant.
The car repair shop may be held liable for a car accident that a customer causes after picking up a car that still suspension problems or other mechanical problems if a reasonable mechanic would have deemed the vehicle unsafe to drive.
Business Negligence Case Outcomes and Protection
Courts can award monetary damages in business negligence cases to help plaintiffs recover from their injuries suffered due to the businesses failure to perform its necessary safety duties. The court may also award punitive damages, which punish the business for observable negligent actions.
In a negligence case, a Personal Injury Attorney must show that there is a causal connection between their clients harm and the businesses choice not to fulfill a necessary duty. The Injury Attorney must also show that their client suffered actual harm within the businesses premises.
If you suffered injury due to a Businesses Negligence to perform its necessary duty of care contact The Brown Firm today. Our Personal Injury Attorneys in Georgia can help get the just compensation you deserve for your injuries, click the link below for a Free Consultation.
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