Our personal injury lawyers explain the common misconceptions surrounding suing a business if injured.
When you sue a business owner for compensation after getting injured on their premises, you are typically suing the business itself, rather than the owner personally. This means that any compensation you receive would come from the liability insurance, rather than from the owner’s personal funds.
In many cases, businesses carry liability insurance specifically to protect them in the event of an injury or accident on their premises. When you file a lawsuit against a business, the liability insurance company will typically become involved in the case. This insurance allows the business owner to obtain a free lawyer and allows for compensation for injuries up to the limits of the insurance policy.
The insurance company will provide a defense for the business, or they may negotiate a settlement on behalf of the business owner.
It is important to note that even if the injury was caused by your own negligence, in New York, you can still bring a claim against the business owner. For example, if you trip and fall because of an unsafe condition on a business owner’s property, but you didn’t see the condition because you weren’t paying attention, you may still bring a claim against the owner for the unsafe condition. However, the business’s responsibility may be reduced by your own fault. In other words, a jury could find you 50% responsible and the business 50% responsible. This would also mean that if your injury is worth $300,000, you can only recover $150,000.
If you do need to pursue a personal injury claim against the business owner, it’s important to work with an attorney who has experience representing people who are injured. Your personal injury lawyer can further explain whether you have a case against a business, and how much your injuries may be worth.