How can you defend against a personal injury claim against your business?

| Dec 28, 2020 | Uncategorized |

As a business owner, the last thing you ever want to see is an employee or visitor on your property get hurt. If an employee gets hurt, they may be covered with workers’ compensation, but if a visitor does, then you could face a personal injury claim.

It’s important that you have a defense in place against these claims, since they could impact your finances and reputation. Sometimes, victims are not blameless, so it isn’t fair to claim that your business was negligent.

How can you defend against a personal injury claim against your business?

Your first step is always going to be to talk to your attorney about the claim and what the injured party says happened. Your attorney may be able to set up a defense based on that situation, such as defenses claiming:

  • Contributory negligence, where the injury was, at least in part, the fault of the person who got hurt
  • Assumption of risk, such as if you run a business where activities have obvious risks that the plaintiff should have known about
  • That you had a release of liability waiver for an activity that the injured party participated in
  • The statute of limitations has passed
  • The alleged victim had preexisting conditions that they’re now trying to claim for

Whether your business claims that the other party contributed to their own injuries or that you took all the steps necessary to prevent injuries, these defenses may help avoid a ruling against you in court.

What should you do when someone makes a personal injury claim against your business?

If someone makes a personal injury claim against your business, it’s smart to talk to your attorney about your options first. If they were injured and there is a case against your business, you may want to consider negotiating a settlement or working with the patron to minimize the impact on your business overall. Your attorney will give you more of an idea of what the case looks like and if you’re in a position to negotiate or deny the claims based on the evidence. A good defense could make a difference in your case.