When thinking about personal injury, what comes to mind most likely is an injury to you or your loved one due to the negligence of another person. Maybe a car accident, an accident at work, a dog bite, or a claim due to medical malpractice.
What qualifies as a personal injury?
A personal injury takes place when someone is harmed and someone else might be legally responsible for what happened. The insurance company of the person responsible for the harm will pay money to the person that was injured, and this compensation can include, among other items:
- Medical bills
- Ongoing medical expenses
- Loss of wages
- Loss of income if unable to return to work permanently
- Pain and suffering
- Loss of enjoyment of daily activities
What happens when the responsible party is not an individual but a business?
You may also be able to file a personal injury claim or sue for damages. And if you were unsure as to whether you should have an aggressive personal injury attorney helping with your case, you should know that businesses do have experienced lawyers by their side.
What are the most common personal injury claims against businesses?
They can be:
- Premise liability cases, or
- Product liability cases
What constitutes a premises liability case?
When a store opens to the public, the owner or manager has a duty to maintain its premises safe for all customers. Measures must be taken to protect the public and warn them of any possible dangers that may cause them harm.
If you have been injured within a store and are filing a claim against them, you must prove that the manager or staff knew about this danger and did nothing to correct it. Because it is their responsibility to ensure that the floors are clean and unobstructed and that there is sufficient light for you to be there without injuring yourself.
You must also prove that the injuries you sustained were the direct result of the accident that occurred within their premises.
What constitutes a product defect case?
There is an area of the law that allows you to obtain compensation due to harm from a defective product, and these defects can be:
- Defects related to how the product was manufactured or assembled
- Defects that are poorly or improperly designed by industry standards
- Absence of labeling in the product that ends up causing harm to the consumer
To sue a business for carrying a defective product that caused you harm you must be able to prove that you used the product as purchased, without making any changes to it, that you followed all instructions, and that your injuries are directly the result of using that product.
Drugs can also fall within a defective product lawsuit. Particularly when they are released to the general public without sufficient or adequate testing or without having appraised the consumer of potential side effects.
Have you been injured in a business, through a defective item, or a pharmaceutical product?
If you have, you should know that these claims can be much more intricate than a claim against an individual. That is why working with a professional, knowledgeable attorney is a must. 1-800-Injured is an attorney and medical referral service that can put you in touch with the legal help you need.
