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Filing a Personal injury Claim Against a Business

Jul 10, 2018
Shamis & Gentile, P.A.
Personal Injury Claim

Filing a personal injury claim or lawsuit against a business can be much more complex than filing against an individual. A personal injury claim against a business can arise in a variety of ways. Two of the most common are premises liability and product liability cases.

If you have been injured due to the negligence of a business, you might be able to file a personal injury claim and lawsuit for your damages. Businesses have experienced lawyers on their side representing their interests, and you should too. The knowledgeable Miami personal injury lawyers at Shamis & Gentile, P.A. can examine the facts and circumstances of your case and help you review all of your legal options.

Steps to Take Following Personal Injury Claim on Business Premises

In order to safeguard your legal rights, there are certain steps that you should take after sustaining injuries on someone else’s property. First, you should report your injury to a manager on duty – including your version of how the incident occurred. The manager or another company representative on duty will likely fill out an incident report. Once the report has been prepared, you should request a copy and review it for accuracy. If the report contains any significant deficiencies, you should take prompt action to correct them.

If you are able, it is also a good idea to take pictures of the scene where the incident occurred and to speak with any witnesses who may have observed the accident. If possible, you should obtain all witness contact information in case you need to refer to it later. Finally, you should make sure that someone calls an ambulance and that you seek follow-up medical care at a hospital or urgent care facility.

Product Defect Personal Injury Cases

Product defect – or products liability – refers to an area of the law which compensates consumers for injuries caused by defective products. Compensable product defects can include any one of the following:

  • Manufacturing defects, where the product was improperly assembled or manufactured, and as a result, caused injury to the consumer.
  • Design defects, where the product was not designed in accordance with industry standards, causing injury to the consumer.
  • Warning defects, where warnings or warning labels are absent from the product or are too small for the average consumer to read, ultimately resulting in injuries to the consumer.

Proving Defective Products in a Product’s Liability Case

A business can be sued for allowing a defective product to enter into the stream of commerce. In order to show that a product was defective, the injured consumer should be able to show that the product was flawed when it left the hands of the manufacturer and that it was not changed or altered in any way. The consumer must also be able to show that he or she used the product in the way the manufacturer directed. Finally, the consumer must be able to show that the injuries sustained resulted from the defective product, rather than from some other source. Product defects can cause a product to shatter, break, or explode, causing severe injuries.

Talk to a Miami Personal Injury Lawyer Today About Your Case

Injuries sustained on business premises – or from defective products – can range from small cuts or abrasions, to bone fractures, to traumatic brain injuries. The insurance company for the business will likely be supplying the coverage in your personal injury case. Insurance companies and their adjusters will work to minimize compensation for the claim in order to save their company money. For this reason, it is important to work with an attorney who understands how to maximize your recovery for your personal injury claim lawsuit.

The Miami personal injury lawyers at Shamis & Gentile, P.A. can take on the insurance company and file the necessary claim or lawsuit against an at-fault business or corporation. To schedule a free consultation and case evaluation with a Miami personal injury lawyer, please call us today at 305-479-2299, or contact us online.

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