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BizReport : Internet Marketing 101 : July 14, 2020

When Can A Business Be Liable For A Personal Injury Lawsuit?

Owning your own business can be incredibly rewarding, being able to choose your own working days and hire your own staff, deciding where the company is heading and expanding the company. These are all things that are within your control as a business owner, but there are some things that tend to be a little more stressful.

If you own a business that hires a workforce then there is always a chance you might face a personal injury lawsuit. If you're part of a team and hurt yourself during working hours then you might be entitled to claim a personal injury lawsuit. But what can a business be liable for when it comes to these personal injury lawsuits?

Duty Of Care
When anyone walks into a place of business there is a code upheld by the owners that states they have a duty of care for their wellbeing. Whilst this code is thorough, it doesn't cover all injury within the workplace as it would be impossible to prevent every accident happening. The courts also understand that this would cost an astronomical amount of money so instead, there are some guidelines to follow.

When it comes to these guidelines there are many for a business to follow and if any of them are broken it's cause for a personal injury lawsuit. The professionals from Mass Tort Law Firm explain that a company have to create and follow certain procedures to regularly inspect the premises for any defect that could potentially cause harm to workers or customers. This includes regular cleaning to prevent slips and falls and if the floor is wet a sign should be placed out to warn anyone walking by. Even if it's raining outside, there should be a mat on the floor for anyone to wipe their feet on entry.

There are many more examples of the procedures that should be followed by every business to prove a duty of care and if you're setting up a business, or even joining a new one, take the time to research these key points.

Breaching Their Duty
When a business breaches their duty of care, it's when they have failed to uphold their own code. A good example of this is a customer slipping and falling over in a supermarket. That supermarket could be liable for a number of different breaches. There should have been a cleaning schedule in place to ensure there weren't any spillages, even if one accident happened there should have been a sign in place to warn everyone walking by.

Each breach corresponds to a different duty of care, the key to proving the breach is first proving there was a duty of care in place at the beginning.

Proving Harm
For someone to prove their case and win a personal injury lawsuit, they might have to prove harm which comes in many different forms. First and foremost if the breach of care has caused you any pain or suffering. If this is severe enough then medical bills might be quite high which has caused a loss of earning due to being in a hospital. There might even be some cases of people losing the ability to enjoy things outside of work, or life's pleasures, the same way.

These are all ways of showing how a personal injury claim can affect your life and businesses should be wary of following their own code of conduct. As long as their codes are all up to date then there shouldn't be any cause for concern. This does include the training of staff to ensure they also know the duty of care. A business can be liable for many different reasons, don't let it be yours.


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