In today’s competitive market, every business should maintain a high level of legal knowledge, especially because personal injury claims can devastate any small business, primarily if a third party or employee— such as faulty equipment— caused the injuries.
This article will highlight personal injury laws you should know as a business owner to ensure compliance with all applicable employment laws.
1. Product liability laws
Product liability is a type of personal liability law section that aims to hold the manufacturer responsible for any injuries or damages caused by using their product.
The main tenet behind this law is to ensure that businesses/manufacturers only put out products that do not harm the end-user. However, as you can imagine, fluke accidents can happen and lead to product liability claims. As a business owner, knowing your rights under product liability law is the best way to protect yourself and your business.
In most states, victims can claim product liability against businesses/manufacturers of defective products, distributors of faulty products, or both.
In a product liability claim, the plaintiff alleges that a defective product caused them injury, which can be for a variety of reasons, including:
- The product was not as safe as it should have been or as indicated
- The manufacturer did not adequately warn consumers about the dangers of using the product
- The manufacturer knew about the threat but did not warn consumers
2. Medical Malpractice
Medical malpractice is one of the most filled personal injury claims and a serious issue that can have far-reaching consequences. If a client falls victim to medical malpractice, they may be able to seek compensation by filing a lawsuit against the responsible party. For example, if your business is liable, the court may compel you to compensate the victim.
Medical malpractices happen when a doctor or other medical professional performs an act that causes injury to a patient. The most common examples include the following:
- Failing to diagnose and treat an illness properly
- Failing to perform surgery or prescribe medications for someone who needs them
- When unlicensed or unaccredited practitioners perform medical procedures.
- Causing physical harm through negligent treatment, such as leaving surgical instruments in a patient’s body after surgery is complete.
Given its severity, it’s important to ensure that any persons injured on your business premise get proper and adequate medical attention because failing to do so would expose you and your business to great liability risk.
3. Premises Liability
Premises liability laws protect businesses from personal injury lawsuits arising from the business owner’s negligence. As a business owner, you will likely be liable for the damages if an injury happens on your premises.
Premises liability laws help companies defend against these types of lawsuits by detailing what each party should do to prevent accidents and injuries. The first step in defending yourself against premises liability claims is to hire a lawyer. Once you have an attorney, the next step is to work with your attorney to find ways to settle your case out of court. The more you know about the law, the higher the chances of getting favorable through the judicial process.
Because of the weightiness of premise liability personal claims and the impact they can have on a business, it’s very important that in the event of such a claim against your business, you hire renowned injury lawyers, like those from the Dolman Law Group.
Premises liability laws vary significantly from state to state. Some states require you to post signs warning patrons about dangerous areas to ensure you don’t get sued for negligence, like wet floors. Other states need businesses to have written policies regarding workplace safety and notify employees of these policies at least annually.
No matter which states you do business in, a competent lawyer or law firm will advise you on the best ways to avoid this costly personal injury claim.
4. Mass Torts Laws/Class Action Law
Mass tort laws refer to cases involving multiple plaintiffs suing for different injuries. If there is enough evidence to support common factors among all the plaintiffs, mass torts can be tried as a group rather than individually.
For example, An oil refinery may be responsible for injuries that result from an explosion at their facility. This would be considered mass torts because it involves multiple victims who have suffered similar injuries.
If an unsafe product injures someone, that person may also be able to sue several other people involved in making or selling that product and the company that created it.
Mass torts usually aim to recover money damages from negligent companies or individuals at fault for causing injuries through their actions or omissions on behalf of others.
5. Wrongful death
Wrongful death is a personal injury claim filed by the survivors and family members of someone who dies due to a negligence-related incident. A wrongful death claim is typically filed when a person dies directly from another party’s negligence.
For example, suppose a business owner hires a contractor to build their home, and the contractor negligently causes an accident that results in the death of one of their workers. In that case, the surviving family members may have grounds for filing a wrongful death lawsuit because they are entitled to compensation from this individual’s employer.
This type of lawsuit is common when there are multiple losses caused by one party’s negligence—such as when an employee is killed on the job by another employee
The damages available to plaintiffs as a result of a wrongful death claim may include the following:
- Pain and suffering
- Loss of companionship
- Loss of consortium (the relationship between a spouse and parent)
- Loss of parental guidance, care, and affection
- Loss of funeral expenses
- Medical expenses related to the medical treatment provided if a loved one had lived.