A customer in a store or restaurant has the right to feel safe. An awareness of that fact pushes businesses to purchase liability insurance.
Essential elements of lawsuit against a business
• Proof that the business had a duty of care towards the customer that has filed the complaint
• Proof that the business had breached that same duty of care
• Proof that the individual filing the complaint was harmed by the breach, the one for which the business had been found guilty.
Each court’s interpretation of the duty of care reflects what has been established in the state where the same court happens to be located.
Most states have issued the standards to be followed by a reasonable business. Certain standard practices appear in each state’s regulations
—The practice of scheduling regular inspections of the premises
—The practice of cleaning up quickly, following discovery of a spill
—The habit of setting up a warning sign in any spot where it is needed
—Placement at the entrance of items that can work to limit the amount of water on the floor, when customers come in from the rain or snow.
—Immediate attention to any cracks in the pavement at the entrance way.
Who must commit the required breach of duty?
It could be the business’ owner. Maybe he or she did not set up a regular schedule for inspections.
It could be an employee. Maybe he or she chose to ignore the wet spot on the floor, and then a customer slipped on that same spot.
An inspector could commit such a breach, if he/she failed to report the observed presence of cracks in the pavement at the entrance to the inspected business.
What sort of harm must come to a customer, in order for a breach to give the same customer a valid reason for suing a moneymaking enterprise?
An accident in the store or restaurant could have been the cause for the customer’s pain and suffering. The customer’s medical bills might have begun arriving, after occurrence of the accidental incident.
Any customers’ need to take time off from work, while recovering from their injury, would qualify as at least temporary harm to their ability to earn a living. Customers’ mention of forced changes to their lives, such as the inability to pursue an enjoyable hobby
How could a business fight a charge of negligence from one of its customers?
Personal Injury Lawyer in Brampton knows that businesses need to show that the injured victim had failed to heed the words on a posted warning sign. They will have to show that the staff had not been provided with sufficient time for cleaning up an observed spill.
Additionally, the business will show that a fall victim had paid an inspector to ignore cracks in pavement at the entrance way of a given store/restaurant.
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