When you have a personal injury case, you want to pursue it in the best way possible. But it can be hard to know what you need to know to go about your case in the right way. When a personal injury case involves a business, there are some unique things to know.
In some ways, a personal injury case against a business is the same as it is against an individual, but there are some important differences, too. You may want to work with a Tampa personal injury lawyer when pursuing a case against a business. Here are ten things that you should know about injury cases against businesses.
1. It’s Important to Bring Your Claim Against the Right Party
As the victim of the personal injury accident, it’s up to you to initiate the case. You must decide who to bring the claim against. In the case of a business, it can be a bit confusing to know who to name as the defendant.
A business may have a complex corporate structure and multiple legal entities. There are ways that you can find the official business name and location online, and your attorney can ensure that you bring your case against the right party or parties. Naming the right party in your case is the first step to a successful personal injury claim against a business.
2. Businesses Have a Legal Duty to Keep Their Customers Safe
The legal standard for businesses for the safety of their customers is high. Florida law requires businesses to take affirmative action to find dangers on their property and fix them. The standard for businesses that invite customers to their property is higher than the legal standard for individuals who own property.
If you have an injury case against a business, your case is likely a premises liability case. Premises liability is the term for the legal duty that a business has for the safety of their customers. Under the law, it’s not enough for the business to fix dangers when they see them; instead, the business must take active steps to find problems before an accident occurs.
3. Personal Injury Cases Against Businesses Are More Than Just Slip and Falls
Personal injury accidents against businesses aren’t limited to just slip and fall accidents. For example, if another patron assaults you at the business, the accident may have been preventable by having more security at the property. An injury case against a business can be based on falling objects, electrical shock, toxic chemicals, and many other causes. If you’re hurt at a business or because of a business, it’s important to understand that a valid legal claim may be based on any kind of negligence.
4. You May Investigate the Accident Scene
An essential part of building your injury accident case may be visiting the accident scene. It may be important to look at the location of the accident to determine the condition of a sidewalk, the location of a stairway railing, and other things like that. Your attorney can help you take the right steps to investigate the accident scene as a part of building your case.
5. Evidence About the Business Can Help You Build Your Case
When you have a personal injury case against a business, there are types of evidence that you should look for that may be helpful to your case. For example, employee records may show inadequate staffing, negligent hiring, or prior discipline for an employee who contributes to the accident.
There may be relevant evidence of maintenance records. It’s important to understand that when a business is involved in a personal injury case, you have a right to demand business records that may help you prove your claim.
6. Businesses Are Liable for the Actions of Their Employees
An employee is the agent of a business. The employer is liable for the actions of the employee. If you’re hurt because of what an employee does, there’s a good chance that the employer is ultimately the one responsible for their actions. When you have a personal injury case against a business, it’s important to remember that the law makes the business owner legally responsible for what their employees do.
7. Principles of Jurisdiction May Come Into Play
Jurisdiction is the idea that you have to file your case in the right court. When a business has multiple locations, it can be hard to know where to file your case. Jurisdiction may depend on where the accident occurs or where the other party does business.
There are also different kinds of court for different types of cases, and you must file the lawsuit in the right kind of court. When your injury case involves a business, it’s important to understand that jurisdiction may be more complicated than it is in a personal injury case against an individual.
Personal Injury Cases Against Business in Florida
When you have a personal injury case against a business in Florida, many of the same rules apply that apply to all injury cases. You must file your claim by the deadline. The rules for evidence and civil procedure are the same. You have the right to representation of a Florida personal injury attorney.
However, there are some key differences. It’s important to understand that the laws are different for businesses and that businesses are held to a higher standard than individuals in personal injury matters. You should also keep in mind that there are unique types of evidence in a business case that may help you succeed in your claim. In addition, you should carefully think through naming the right party in the case, serving documents correctly, and filing your case in the most favorable jurisdiction.
Contact Our Florida Attorneys for Personal Injury
Have you been hurt in an accident at a business? Our Florida attorneys for personal injury cases involving businesses can help. We can help you take the right steps to bring a claim against the business and build the evidence to help your claim succeed. Your consultation is always free and confidential. Call the Jack Bernstein, Injury Attorneys legal team today.