Businesses owe customers the highest duty of care. Liability for customer slip-and-fall accidents that happen in business establishments is based on the customer’s status as a person who is invited there for the company’s commercial benefit. A business owes its customers more care than it owes to anyone else who may visit the company. If you want to sue for an injury that happened at a business location, you must prove that the business was legally at fault.

 

Circumstances Determine the Type of Suit

Personal injuries to patrons can happen in a variety of ways. All business establishments can be sued for slips, falls, and collisions. Restaurants can be sued for breach of implied warranty for food poisoning or for improper items that make it into the food. The owners of a business can be sued based on poor hiring, supervision, or training of employees. Each state has its own laws that determine the standards of care that can apply in any personal injury case involving a business.

Businesses Normally Must Exercise Ordinary Care

Courts know that businesses can’t prevent every accident from happening. Instead, businesses are expected to exercise the same amount of care as a reasonably prudent person. This entails guarding against foreseeable problems, taking reasonable precautions, and warning customers of dangers. In short, businesses must inspect, maintain, and warn. You can recover damages for most types of personal injury only if you can prove that the business failed in these duties.

Customers Can Be at Fault

A court can determine whether a customer contributed to the accident that resulted in the injury. Damages will be reduced by whatever percentage of fault the court assigns to the plaintiff. For example, if you are injured climbing up a lower shelf to reach an item on the top shelf, a court may find that your actions were unreasonable and contributed to your injuries. In that case, the store may have to pay only a portion of the damages for your injuries.


The Law Offices of Dussault & Zatir