Business vs. Owner vs. Employee Liability For Personal Injury

business vs. owner versus employee liability personal injuries

Being injured in an accident in a business means that you can likely file a personal injury lawsuit against the business or its insurance carrier. However, depending on the business where the accident took place, you may also be able to file a lawsuit against the owner. Or maybe the claim will be against a particular employee who caused your injuries, although it is likely that in these cases the business will also be involved. 

The Importance Of Determining Fault 

A business’ liability depends on wrongdoing or fault. This means that someone acted with negligence by not taking reasonable care or that they injured you intentionally. It is important for negligence to be present in either case since just suffering an injury on a business’ premises is not enough to impose an obligation upon the business to pay compensation. 

A different case is when you are injured through a product that is defective. In product liability cases, finding fault or wrongdoing is not a requirement since the defect itself is enough to establish liability. 

Businesses And Their Employees 

In general, it is considered that businesses are responsible for acts committed by their employees. However, these acts must take place within their scope of employment or in the course of doing business. 

As a result, if an employee injures you, responsibility will fall upon the business as well. This means that if a construction worker drops a tool on you as you are passing by, the employer will also be at fault. Yet, once the worker’s shift is over, if you get hit and injured due to actions unrelated to their job, the business would not be liable for your injuries. 

It is always important to determine if your injury was caused by an employee that was at their job when the incident took place. 

Suing A Business Owner 

Suppose a business is an LLC or a corporation, that prevents the owners from being sued personally. Yet, if a sole proprietor or a partnership owns the business, it is possible to sue the owner or owners directly for acts of wrongful conduct by the business. By being able to sue the business and its owners, you may have a greater opportunity to collect a settlement or judgment for your injuries. 

Work With An Experienced Personal Injury Attorney 

As soon as possible after you are injured, personal injury lawyer Wattel recommends that you reach out to an experienced personal injury attorney to talk about your case. Your lawyer will understand the implications of your injuries and conduct the required investigation into the accident to determine where the wrongdoing took place and who is responsible for it. This way, you will increase your chances of recovering the compensation you need to care for your health. 

Your lawyer will also help you establish the value of your case by putting together the economic damages you are dealing with, which are those related to your medical treatments, as well as the wages you have lost by being unable to work. They will also help you put a value on the pain and suffering, and emotional distress you have been experiencing since the accident, and help you file an injury claim.

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