Filing a Personal Injury Lawsuit Against Pennsylvania Businesses
Have you ever heard of the iconic court case between McDonald’s and a victim who was burned by hot coffee? While many have heard of the case, few know the details behind it. Many are shocked to learn the victim was awarded $3 million by a jury. Due to the restaurant’s blatant negligence, the victim suffered such horrible burns that she needed to get skin grafts on her inner thighs.
Are you wondering whether you have legal recourse against a business after an injury? Find out everything you need to know about personal injury lawsuits against businesses below.
When Does a Victim Have Legal Recourse After an Injury?
While everyone wants to avoid them, accidents do happen. When an accident occurs on a company’s property, most assume that the business will automatically be held liable for any injuries. This is often true, but it’s not always the case. Let’s breakdown the four elements necessary to pursue a personal injury claim against a business:
- The business had a duty of care towards you
- The business (or it’s employees) breached that duty of care
- The breach directly caused an injury to the victim
- The injury caused measurable damages
If you can prove these four elements, then you have the legal basis to pursue a lawsuit. Often, a business has an incentive to settle such claims quickly. If you can get in touch with a personal injury attorney, then you may be able to reach an agreeable settlement with the company without ever having to go to court.
What If the Victim was Careless?
In most situations, a business will be held responsible for an accident that occurs on their property. Why? The injured person is most often an invited visitor onto the property. All customers are generally considered invitees, and the property owner owes a duty of care towards them.
There is an exception to this general rule. What if the injured party did not have express or implied permission to be at the business at the time of the incident? In most cases, a business owner wouldn’t owe a duty of care towards a trespasser.
Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Premises Liability Injury Case in Pennsylvania
Did you or a loved one sustain serious injuries due to a premises liability accident 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 personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Law Offices of Mark A. Smith represent clients injured because of premises liability accidents in Homestead, Pittsburgh, Erie, Greensburg, and throughout Pennsylvania. Call 412-368-8398 or email us to schedule a free consultation about your case. We have an office conveniently located at 355 Fifth Avenue, The Park Building, Suite 205, Pittsburgh, PA 15222.
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.