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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.

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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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