Do you know what are the legal grounds for suing a business for personal injury? Most personal injury lawyers know that business owners have to keep in mind that visitors can always sue them for personal injury accidents. There are three basic elements that have to present in order for you to have good grounds to sue a business if you were hurt on its premises:
● The business owed a duty of care towards you
● The duty of care was breached
● You were personally harmed because of the breach
You have to prove that each of these elements is present in your personal injury claim or case if you want to win it. Your personal injury lawyer could tell you that disputes will most commonly arise during the discovery period. This can happen because it’s just too hard to obtain some of this evidence. Added to this is the fact that either you or the defendant may feel that obtaining this type of information is simply not necessary or relevant to the case.
Proving duty of care
Personal injury lawyers in Windsor know that businesses are legally obligated to keep the people who visit their premises safe. Therefore, business owners are expected to:
● Create and follow guidelines for regular safety inspections
● Regularly clean the premises to prevent slip and fall accidents
● Warn customers of wet floors with visible signs
● Put a mat inside of the store during bad weather. This will prevent possible slip and fall accidents because of water accumulation
● Repair cracks right away
You may need to have expert testimony to prove that the business breached its duty of care towards you.
Proving breach of duty
An injury lawyer will tell you that a business has breached its duty of care towards you when it has knowingly or unintentionally acted in a negligent manner. Slip and fall incidents are a good example of this.
Proving that you were harmed because of the breach
A personal injury lawyer will tell you that you have to prove that you were harmed because the business violated his or her duty of care towards you. There are many ways you can be harmed:
● Pain and suffering
● Medical expenses
● Lost ability to earn
● Loss of pleasure and consortium
Personal injury law is complex
As you can see, it’s not always easy to prove that a business was at fault in a personal injury accident. That’s why you need to hire a lawyer to help you win your case as they are trained in personal injury law. Therefore, you’ll probably win your case in court, especially if you hire an injury lawyer.