Elements of a Personal Injury Case in Philadelphia
It’s estimated that a small business that earns an average of $1 million per year will shell out about $20,000 settling lawsuits each year. Many of these lawsuits involve injuries to the business’s consumers.
There are three main elements to a personal injury case:
- A duty of care
- A breach of this duty
- An injury caused by the breach of duty
When a victim can establish that a business had a duty of care, breached it and caused injury, then they have grounds for a personal injury lawsuit. Keep reading to get a more in-depth explanation of each element.
Did the Business Have a Duty of Care?
It’s generally established that businesses have a duty to care for individuals who are welcomed onto their property. There are three categories of people that come to a business:
Both invitees and licensees are allowed onto the property, but the business owes the highest duty of care to invitees. The business must take reasonable steps to ensure that their customers are safe. Licensees are still owed a warning of any known dangers. Trespassers, on the other hand, do not have implied or express permission to be on the property. Usually, they do not owe a duty of care to these unpermitted guests.
Did the Business Breach the Duty of Care?
Next, you’ll need to prove the business breached their duty of care in some way. Examples of a breach of duty of care are:
- Failing to properly clean spills
- An employee was negligent in responding to a spill or accident
- An employee deviated from protocol
- Failing to warn or prevent icy or wet entryways
There are several other ways a business may breach their duty of care. Most often, the breach is a deviation from what the court would consider reasonable behavior for the business or employees.
Proving the Breach of Duty Caused an Injury
The final element of a successful personal injury case is proving the business’s breach of duty directly caused harm. This harm may include:
- Physical pain and suffering
- Medical bills
- Prescription costs
- Loss of wages
- Long-term disability
It’s necessary to prove that the business’s breach of duty directly caused the injury and harm associated with your claim.
Contact a Philadelphia Personal Injury Lawyer to Discuss Your Premises Liability Case in Pennsylvania
Did you or a loved one sustain serious injuries due to a negligent business owner in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive premises liability attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Marrone Law Firm represent clients injured because of negligent businesses in Philadelphia, Cherry Hill and throughout Pennsylvania. Call 215-709-7360 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 200 South Broad Street, Suite 400, Philadelphia, PA 19102 as well as offices in Cherry Hill, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.