Incurring an injury in public and commercial establishments has already become typical among the employees and customers who were not aware of the hazard and/or the possibility of accident due to the failure or negligence of the manager or owner to have warning signs, devices, etc. The fault, of course, isn’t always blamed to the owner because, in some instances, the victims have also contributed to what they have suffered. But the issue in this case, however, isn’t just the cause of the injury, but also the person/s liable to compensate the injured.
That’s also where your question might stem from if you have sustained an injury in a place which you do not own. For instance, if you have had a “slip and fall” accident in a restaurant, you’ll perhaps ask yourself whether or not the management is responsible for what happened to you. The answer is “yes”, but your problem is on how you’re going to prove the owner’s liability and fight for your indemnity. Thus, you really need the help of a personal injury lawyer to know how you’ll settle your claim in court.
So how do you think your counsel would fight for your case? It simply revolves in proving the owner’s liability, but the process in doing such isn’t a simple matter which you can just pray for. This involves the following factors which the court will take into account in evaluating you claim:
Foreseeability of the accident – if the accident was foreseeable before it happened, then the owner is really liable for such. An example of a situation in which an accident can be anticipated is the falling of debris in a construction site; hence, the person in-charge has liability to someone who got injured due to his failure in providing warning devices in the area. However, it does not necessarily mean that he will shoulder the payment for the victim because there are cases where the contributory negligence is attendant on the part of the injured, and thus, the cost of his liability is lessened.
Responsibility of the owner to ensure the safety of customers or visitors – this is what the court will consider especially when the owner claims that he had met all the requirements in ensuring the safety of the visitors within his premises. Thus, when he’s able to prove it, the tendency is that the fault may be imputed both to him and the victim which can then cause the mitigation of his civil liability.
Visitor’s status in entering the property – a visitor may be an (1) Invitee, a (2) Licensee, or a (3) Trespasser. You should note that only the first status is the one presumed to have been given by the owner an assurance of safety within his premises, but he could also have liability to the second in circumstances where the cause of the accident is within his control. Nevertheless, the trespassers can hardly ask for indemnity because, commonly, the court will classify those lawful persons in the area who are the ones entitled to compensation.
Status and Condition of the property – it’s whether the property is owned by a private person or by the state. If it’s by the former, then the owner of the commercial establishment can be held liable depending on the circumstances of the accident, but if by the latter, then the state may also be held liable when proven that the property or area is intended for public use and it failed to ensure safety therein.
It’s just really a matter of proving the liability of the owner, but always bear in mind that you can never compensate your suffering if you’re unwise in fighting for your indemnity. Thus, having the right attorney is the best recourse to secure what your injury deserves!
About the Author
Atty. Emery Brett Ledger is the founder of The Law Offices of Ledger&Associates. It is a professional law firm bound to protect the rights and interests of victims of personal injury cases ranging from accidents, wrongful death, medical malpractice even up to work and employment concerns.
He is proud for the law firm because it has effectively represented plaintiffs through recovering millions of compensation fees. You can find him in Twitter @EmeryBLedger.
Personal Injury Law 