Can I Sue a Business if I Was Hurt on Their Property?
Injuries and accidents can happen anywhere. Whether you slipped in a grocery store or fell in a restaurant, you may be able to sue the business for damages if you were injured. However, it's important to understand your rights and the steps you should take if you decide to sue.
At the Law Offices of Steven Zwick, we understand the challenges that come from being injured on someone else's property. Our experienced premises injury attorneys are committed to providing clear and actionable advice to our clients who have been injured on a business's property due to the business's negligence or responsibility.
Understanding Premises Liability
Premises liability refers to the legal responsibility property owners have to make sure their spaces are safe for customers and visitors. This responsibility extends to all types of commercial properties, including malls, offices, grocery stores, restaurants, and entertainment venues.
Under California law, businesses are required to maintain a safe environment to help prevent accidents and subsequent lawsuits. If you've been injured on a commercial property due to a business's negligence, you may have grounds to file a liability claim.
Your Legal Rights Under California Law
If your injury resulted from negligent behavior by the business, such as ignoring maintenance or failing to address known dangers, you might have grounds for a claim. However, you must be able to prove four criteria to successfully bring a claim against a business. These include:
Duty of care: Under California law, businesses have a duty to make sure their premises are free from hazards and potential dangers. You must be able to prove that the business violated this duty.
Breach of duty: You must be able to demonstrate that the business failed to maintain a safe environment or neglected to inform visitors of potential dangers or risks.
Causation: You must be able to prove that the business's breach of duty directly caused your injury.
Negligence: You must be able to prove that the property owner's negligence caused your injuries and led to damages.
If you've suffered an injury on a business's property due to unsafe conditions, you might be able to file a claim. We strongly recommend consulting with an experienced personal injury attorney who can provide legal guidance and advice for your case.
Pros and Cons of Suing a Business
Suing a business for an injury caused by unsafe conditions on their property is a considerable decision. Therefore, it's important to weigh the benefits and drawbacks of filing a lawsuit against the business. Some pros and cons to consider include the following:
Advantages of Suing a Business
Recovering damages: You can potentially receive compensation that can cover your injury-related expenses, such as medical bills, rehabilitation costs, and lost earnings.
Encouraging better safety standards: Legal action can force businesses to improve their safety protocols and potentially prevent future incidents from occurring.
Financial reassurance: Securing compensation can help manage any ongoing medical costs or treatments that result from your injury.
Disadvantages of Suing a Business
Time-consuming: Lawsuits can take a long time to resolve, and you may have to attend multiple court hearings, which can be stressful and time-consuming.
Potential for countersuit: Businesses may try to shift the blame onto you by filing a countersuit, which can potentially result in additional legal costs and potential stress.
Public attention: Filing a lawsuit against a business can attract unwanted public attention and potentially impact your privacy.
Steps to Take if You Decide to Sue
If you've decided that suing a business is the best course of action for your situation, there are several steps you should take:
Seek medical attention: Your health and well-being should be your top priority. Make sure to get medical attention for your injuries as soon as possible and keep a record of all medical treatments and costs.
Document the incident: Take photos of the area where you were injured, write down any relevant details, and gather witness statements if possible.
Inform the business: Let the business know about your injury and that you plan to file a claim. This can potentially lead to an out-of-court settlement.
Consult with a personal injury attorney: An experienced personal injury attorney can review the details of your case and provide legal guidance on the best course of action.
Engage in negotiation: Work with your attorney to try to reach a fair settlement that addresses all injury-related costs. Your attorney will handle communication with the business's attorneys and insurance company.
File a lawsuit: If you are unable to reach a fair settlement, you may need to file a formal lawsuit against the business in court. Consult with an experienced attorney who can represent your best interests on your behalf.
FAQ: Filing a Premises Liability Claim Against a Business
Q: How long do I have to file a claim against a business?
A: In California, the statute of limitations for filing a premises liability claim is typically two years from the date of the injury. It's crucial to consult with an attorney as soon as possible to make sure your case is filed within this time frame.
Q: What if I was partly at fault for my injury?
A: California operates under a comparative negligence system, which means that even if you were partially responsible for your injuries, you can still potentially recover damages from the business. However, your compensation may be reduced proportionally based on your level of fault.
For example, if you were found to be 20% liable for your injuries, your damages would be reduced by 20%.
Q: Can I sue a business for emotional distress?
A: Emotional distress damages are not typically awarded in premises liability claims, unless it can be proven that the business intentionally caused you harm. However, you may be able to include any mental health treatments and costs as part of your overall claim. An experienced attorney can help you better understand what types of damages you might be eligible to pursue.
Consult With an Experienced Attorney
At the Law Offices of Steven Zwick, we understand the challenges of suffering an injury on a commercial property. If you're considering taking legal action against a business, it's essential to evaluate the situation carefully and understand your rights.
If you or a loved one has been injured on a commercial property due to the business's negligence, our firm is dedicated to helping you pursue fair compensation. Located in Mission Viejo, California, we serve clients throughout Orange County. Contact us today to schedule a free consultation.