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Articles Tagged with injury

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Generally speaking, businesses such as retail stores, restaurants, and even hospitals have a duty to keep their premises in a reasonably safe condition. When a business fails to do so, it can be held liable for the resulting physical injuries (or even a guest’s wrongful death). Those injured or the family of someone who died can file a premises liability lawsuit.

However, such cases are sometimes difficult to prove, and the plaintiff has the burden of establishing the defendant’s liability. If the plaintiff is unable to make out a case of negligence, he or she will not be able to recover any monetary damages, regardless of the severity of the injuries sustained in the accident.

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Each year, thousands of people are injured in fall accidents. According to statistics maintained by the Center for Disease Control, a significant percentage of these accidents result in serious injury or even death. The case we are examining in this blog post was a fall on ice.

In situations in which a person falls on someone else’s property and is injured, he or she may be able to bring a premises liability lawsuit against the owner of the property, if the landowner’s negligence contributed to the accident. If successful, the plaintiff in such a lawsuit may be able to recover medical expenses, lost wages, compensation for pain and suffering, and other damages.

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Workers’ compensation was designed as a compromise. An injured worker does not have to prove that his or her employer was negligent (as is required in most personal injury cases), but the worker’s monetary recovery is typically less than it would be in a negligence case. Whether or not this is a fair trade-off is a controversial subject.

The good news for an injured worker is that he or she can receive medical care and payment of temporary and, if applicable, permanent disability benefits, even if he or she cannot show that the employer did anything to cause the injury complained of. The bad news is that, even if the employer was at fault, the payout to the worker remains the same, with no compensation for pain and suffering or loss of consortium to the injured person’s spouse.

Sometimes, the parties disagree as to whether an injury was sustained during the course and scope of employment. For instance, an employee may be away from the business premises at the time of an accident (such as a car crash) but still arguably engaged in work for the employer.

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