Is My Fall the Fault of the Business?
Most business owners take care to make sure their properties are safe, so that no one will be injured in their businesses. No one wants to see someone sustain an injury, but businesses are also anxious to avoid liability that can cost them money. Despite the best intentions, though, accidents sometimes happen. If you fall and are injured at a business establishment, is it the fault of that business?
- For an accident to be the fault of a business, the injured party must be able to prove causation. In other words, it must be proved that the business was negligent in some way, and something that was either done or left undone caused the accident. When customers must enter a business establishment to purchase goods or services, it is the responsibility of the business to provide a safe, comfortable environment. The level of duty of care required by the business depends on the type of visitor. Typically, customers are considered invited guests to a company’s premises, and are owed the highest duty of care. A licensee, on the other hand, is allowed to enter the property for a limited purpose, and must be warned of possible dangers. Trespassers don’t have reason or permission to be in a business establishment, and are not owed any duty of care.
- What actions must be taken for fulfillment of a duty of care? There must be regular inspections of the premises, so that possible hazards can be located and removed. Regular cleaning schedules must be instituted to reduce the likelihood of slip-and-fall accidents. Whenever there are wet floors or other hazards, warning signs must be posted, and mats must be placed near entryways during wet weather. If a business doesn’t take these types of reasonable actions to prevent accidents and injuries,
- If you’ve been injured at a business establishment, what should you do? First, don’t inadvertently make your injury worse by moving without professional assistance. Instead, get medical treatment immediately. Then, document as much as you can about what happened and how you were injured. Save all of your medical records so that you will have documentation of your injuries. Then, get legal representation. Be aware that businesses are often uncooperative and unwilling to compensate an injured person for injuries sustained on their property. Having a competent attorney on your side can make sure that you receive the financial restitution to which you’re legally entitled.
At Taps and Associates, our attorneys have successfully represented many clients with slip-and-fall cases. We provide personal attention to every case we handle, giving professional advice based on extensive experience. We believe that the biggest reward for us as attorneys is helping our clients and protecting them from those who would take advantage of them. To schedule a free consultation with an attorney you can trust, contact us through our website or call 404-492-8746.