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How Businesses Can Be Liable for Personal Injuries

Posted on in Personal Injury

How Businesses Can Be Liable for Personal InjuriesFiling a personal injury lawsuit against a large business can be more challenging than when an individual is a defendant. Corporations are often familiar with being the subject of lawsuits and have attorneys who are prepared to respond to litigation. The corporation has the resources to afford a protracted legal battle if it believes it is in the right or that its reputation is at risk. On the other hand, a corporation may be more willing than an individual to offer you a settlement if it believes a court battle is not worth the expense. A personal injury attorney can review your case to determine the benefits and risks of filing a lawsuit against a corporation.

Premises Liability

Businesses can be liable for the safety of guests on their properties. Stores are the most common example of these properties, though the public could also visit an office location. To prove a premises liability case, you must show that:

  • A condition on the business premises caused your injury;
  • The business failed to identify the dangerous condition in a timely manner or did not properly warn you of the danger; and
  • You could not have reasonably foreseen or avoided the injury.

It is more difficult to prove that a business is liable for a dangerous condition that suddenly developed than a condition that is the result of a lack of maintenance. For instance, you could slip and fall after someone spilled a drink on a tile floor. Depending on how recently the spill occurred, employees may not have had a chance to clean it up and put out a “wet floor” sign. If an automatic door malfunctions and crushes your arm, the business would be liable if it was aware of the danger and had done nothing to fix it or warn you.

Product Liability

Sometimes, a product sold by a business will malfunction and cause an injury. The defect could be in the design of the product, the quality of the materials, or the manufacturing process. You can argue that the business is liable for your injury if:

  • You used the product as intended;
  • You did not modify that product after purchase; and
  • The product’s instructions did not warn you about the potential for injury.

For instance, you would be responsible for injuries caused by an electric saw if you used it recklessly or removed safety guards on the device. The manufacturer would be responsible if the saw’s parts did not function as intended, which caused the injury.

Contact a McHenry County Personal Injury Lawyer

You could receive an ample personal injury award from a business if you have a strong case. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help prove that the business is liable for your injury. Schedule a free consultation by calling 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-621

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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