As a consumer, you have a right to feel safe and secure while you are shopping for the goods and services that you need. The owner of the business or manager of a property is expected to provide its customers with a reasonably safe space - whether that means cleaning the floors of a restaurant regularly, or maintaining the sidewalks near the entryway of a shop.
This blog post will discuss some of the issues your lawyer will have to address in the event you sue a property owner for negligence after an injury on the property.
Slip-and-fall injury cases are complicated
If an injury you sustained at a business has had a negative impact on your life, the time is now to contact a personal injury attorney. An attorney who specializes in personal injuries can help you determine if your injury meets the elements necessary in this type of lawsuit.
Components required in a premises liability negligence claim
- Duty of Care - While business owners are obligated to provide a safe environment for their customers, it is understandable that it is impossible to prevent every type of injury from occurring on the premises. Your personal injury attorney will need to prove that the business did not meet reasonable standards when it comes to duty of care. For example, if the business neglected to clean up a wet area or failed to place warning signs near the damp flooring, duty of care was not met by the business. Safety standards for businesses vary based on the state, as each state has its own set of specific laws and regulations. Your personal injury attorney can provide you with detailed information about duty of care standards in Georgia.
- Breach of Duty - If a business fails to follow reasonable safety standards and regulations established in duty of care, it is considered a breach of duty. Breach of duty considers the specific circumstances surrounding a particular injury. Your attorney will work with you to learn more about your injury and the exact timeline of the day of the incident. Using the evidence presented, your attorney will argue that the business breached its duty of care responsibilities.
For instance, if your injury began as a slip-and-fall accident and resulted in a serious, complex injury, you will want to work with your personal injury attorney in order to outline the factors that contributed to the fall. If you tripped on a cracked portion of the sidewalk and broke a bone, ultimately preventing you from working, it's likely that the courts would consider this a breach of duty by the business. However, if you fell because you were texting while walking and happened to slip on business property, you may not be able to prove breach of duty.
- Harm Caused by the Breach - Finally, your personal injury attorney must prove to the judge that you experienced harm as a result of the injury that occurred on the business property. The definition of harm is relatively subjective, ranging from physical damage to financial hardship or emotional pain and suffering. The reality is, an unexpected injury can have a significant impact on your personal and professional life. A broken bone can prevent you from working. Unforeseen medical costs can destroy your finances. The injury itself can keep you from enjoying your life in the way you once did. The key is to work with an attorney who specializes in negligence claims, and who knows how to prove that the breach of duty resulted in your injury.
The right attorney can make a significant difference
An experienced personal injury attorney can help you prove each of these three elements, allowing you to get the compensation you need and deserve for your injury. It is reasonable to expect a safe space to shop, dine and conduct business. In the event of an injury that wasn' your fault, and an attorney at a personal injury law firm can help you make your case against the business owner.