If an individual is injured on business property, there can be a lot of confusion as to who is responsible for the injury. In some cases, it may seem obvious who should be held liable; but in other situations, it may not be so clear. Read on as we explore the various factors that go into determining liability for injuries that occur on business property. We will also look at some specific examples to help illustrate how this works in practice.
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The Legal Implications of an Injury on Business Property
To understand who is responsible for an injury that occurs on business property, it is first important to understand the legal implications of such an incident. When an individual is injured on another person’s property, this is generally classified as a “premises liability” case.
This means that the owner of the property (or the person who is in control of the property, such as a tenant) may be held liable for the injuries if they were caused by some sort of hazardous condition on the property. To understand this, a workers’ compensation lawyer will be mandatory to advise you on the case. To be held liable for premises liability, there must have been some negligence on the part of the property owner or manager. This means that they must have failed to take reasonable steps to ensure the safety of those who were on the property.
- For example, if there was a hazardous condition on the property that the owner knew about (such as a broken step) and failed to take steps to fix it or warn people about it, they could be held liable if someone was injured as a result.
Exceptions
There are some exceptions to this general rule, however.
- In some cases, even if the property owner was not negligent, they may still be held liable for injuries that occur on their property. This is most likely to happen in cases where the injured person is a child. This is because children are not considered to be able to understand or appreciate dangers in the same way that adults can. As such, property owners are typically held to a higher standard when it comes to ensuring the safety of children.
- Another exception to the general rule is if the injured person was trespassing on the property at the time of the accident. In most cases, property owners are not obligated to ensure the safety of trespassers. However, there are some exceptions to this rule as well. For example, if the property owner had invited the trespasser onto the property (even if they did not specifically extend an invitation for them to be there at that particular time), they may still be held liable if the trespasser is injured.
Factors That Determine Who Is Responsible
There are a few different factors that will typically be considered when determining who is responsible for an injury that occurs on business property. These factors include:
- The relationship between the injured person and the property owner
- The reason why the injured person was on the property
- Whether or not the property owner knew (or should have known) about the hazardous condition
- Whether or not the property owner took steps to fix the hazard or warn people
- The age of the injured person.
Let’s take a closer look at each of these factors:
The Relationship Between the Injured Person and the Property Owner
One of the first things that will be considered is the relationship between the injured person and the property owner. This is because, in general, those who are invited onto the property (such as customers or guests) are owed a higher duty of care than those who are not (such as trespassers).
The Reason Why the Injured Person Was on the Property
Another factor that will be considered is the reason why the injured person was on the property. This is because, in some cases, the property owner may only be responsible for injuries that occur to certain types of people. For example, many business owners only must ensure the safety of their customers.
Whether or not the Property Owner Knew (or Should Have Known) About the Hazardous Condition
Another important factor is whether or not the property owner knew (or should have known) about the hazardous condition. This is because, for the property owner to be held liable, they must have known (or should have known) about the hazard and failed to take steps to fix it or warn people about it.
Whether or not the Property Owner Took Steps to Fix the Hazard or Warn People About It
Another factor that will be considered is whether or not the property owner took steps to fix the hazard or warn people about it. This is because, even if the property owner knew about the hazard, they may still not be held liable if they took steps to fix it or warn people about it.
The Age of the Injured Person
As we mentioned earlier, one exception to the general rule is if the injured person is a child. This is because children are not considered to be able to understand or appreciate dangers in the same way that adults can. As such, property owners are typically held to a higher standard when it comes to ensuring the safety of children.
How Can I Get Compensated If I’ve Been Injured?
If you’ve been injured on business property, there are a few different ways that you may be able to get compensated. These include:
- Filing a personal injury lawsuit against the property owner
- Filing a claim with the property owner’s insurance company
- Filing a workers’ compensation claim (if you were injured while working on the property)
Which option is best for you will depend on several factors, such as the severity of your injuries and the circumstances of your accident. An experienced personal injury lawyer can help you to understand your legal options and choose the best course of action for your case.
If you’ve been injured on business property, contact an experienced attorney today. They can help you to understand your legal options and guide you through every step of the process. Additionally, make sure to follow the tips outlined to get the best possible outcome.
