What to Consider if You Suffer a Sidewalk Injury outside a Small Business
Business owners have a boatload of responsibilities. From supervising periodic cleaning of alleys and garbage cans to establishing clean amenities for customers, the maintenance of a private business is a hard but worthwhile task. In many cases, business owners will work hard to make sure their customers and any passersby are safe and happy, but this is not always the case in some unfortunate situations. Due to negligence, these owners may forget to mark small bumps and curbs around their stores, which can prove to be hazardous for passerby and visitors. In the blink of an eye, a person can trip over one of these potential traps and sustain severe, potentially debilitating injuries. If you have suffered from injuries at a small business, here is some information that may prove useful to you.
When I Can I File a Claim against a Business?
In most of the cases concerning accidents on business property, customers file lawsuits regarding negligence and subsequent accidents. Ultimately, people who initially sue the owners of such establishments have to consider several options before filing a successful case against them. In keeping with slip-and-fall law, here are four elements the victim must consider prior to suing:
- Duty of care: By law, all business owners are required to keep their customers safe.
- Breach of duties: After proving the person in question is the rightful owner of the business, the victim must then prove that this same individual failed to keep up with this duty. For example, in this case, a business owner may forget to mark a curb on the sidewalk.
- Causation: However, the victim must not only prove that a business owner failed to maintain a part of his/her establishment but must also present evidence that a dangerous object (in this case, an unmarked curb) directly triggered these injuries.
- Damage: The victim must have proof that he/she sustained the injuries in question.
Establishing a Slip-and-Fall Claim for a Sidewalk Injury
Once you have established the element of negligence in your case and have created a substantial portfolio of evidence against the owner, you can file your claim on the grounds of a sidewalk injury. In cases of this nature, though, one of your best options is to introduce expert witnesses to testify on your behalf and provide additional perspectives on the incident.
In some cases, business owners may not be liable for your accident. For example, if the city owns the sidewalk bordering the establishment, city officials may be held responsible.
Your Legal Solution
By law, business owners and their employees must make the safety and happiness of their customers a top priority. However, in the most dangerous and unfortunate of cases, some people will forget to mark portions of sidewalks, turning simple walkways into potentially hazardous environments. In the blink of an eye, pedestrians can trip across unmarked bumps or sidewalk curbs and sustain potentially debilitating injuries. If you have suffered severe trauma of this nature, you will need the help of a lawyer experienced in personal injury claims and premises liability laws.
Here at Edelstein, Martin, & Nelson, our team of professional attorneys are passionate about our practice and are fully knowledgeable in the laws, rules, and statutes surrounding unfortunate slip-and-fall accidents throughout the State of Delaware. We can guarantee you will receive the justice you deserve. For legal advice and for more information about our services, contact our office today at 800-300-0909.