Your Rights When Injured Due to Negligence

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( — August 3, 2017) — No matter how cautious we are, there is always the possibility of suffering an accidental injury. If you suffer an injury due to the negligence of someone else, whether they are present at the scene or they have failed to maintain appropriate safety standards on the property where you are injured, you could be entitled to compensation.

There is a perception amongst some corners of the population that personal injury claims are inherently frivolous and are nothing more than cynical cash grabs, this is completely untrue. For one thing, if negligent property owners aren’t held to account for injuries suffered due to their failure to adhere to safety standards, then there’s less incentive for them to address these issues. You should be aware of your rights if you are injured due to someone else’s negligence. Below is a quick guide to help you establish whether you might have a legal case against those responsible.

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At Work

Your employer has a legal duty to ensure the safety of everyone on site, whether they are employees, customers or just visitors. Depending on the specific workplace, there will be different legislation covering what safety measures they are legally obliged to have in place. If they fail to meet these obligations, then they are liable for any injuries incurred on site. If you sustain an injury due to carelessness this doesn’t necessarily relieve the company of liability and even if no injury is sustained they can be sued and fined for failing to meet safety standards.

It is in the interests of both employees and employers that safety obligations are met, and you should not be afraid to raise the issue if you feel that the work environment is unsafe. Your employer should provide you on request with their health and safety policy as well as an explanation of how they are meeting each requirement.

In a Retail Environment

Shoppers, just like the employees working in a store, are entitled to a safe shopping environment and stores are obligated to ensure that this is the case. The most common causes of injuries in retail environments are as follows:

  • Liquid spills; spilled liquid creates a slipping hazard. The store has a legal duty to promptly clean up any spills and to mark the affected area so that customers can clearly see the hazard and avoid it.
  • Unsafe staircases; another common cause of falls is poorly maintained staircases that have either uneven footing or tripping hazards such as damaged carpeting. Falls down stairs can be very dangerous and lead to serious injury and so it is important that businesses adhere to their health and safety obligations.
  • Falling merchandise; heavy merchandise should be stored on lower shelves to avoid falling on to people’s heads. Regardless of the weight of an item, it should be securely placed and displayed in such a way that it won’t fall.

If You Are Injured

If you do suffer an injury under any of the above circumstances or in other circumstances that you believe are someone else’s fault, then you should consult a personal injury attorney to see if you have a case.

Everyone is entitled to live and work in a safe environment. This applies wherever we go and as long as you are on property owned by an individual or corporation then they have a responsibility to ensure a minimum standard of safety. If they fail to meet this standard, then they are liable for any injuries sustained.