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.