Newport Beach CA personal injury lawyers help provide legal assistance to customers who suffered an injury while they were in a store, restaurant, salon or other commercial site. Newport Beach CA personal injury lawyers can explain that businesses are not held responsible for every accident that occurs on the premises. However, if the business breached its duty of care that it owed customers, Newport Beach CA personal injury lawyers can help you pursue a negligence lawsuit against the establishment.
Duty of Care
Newport Beach CA personal injury lawyers can explain that the law recognizes different standards of care for different situations. For example, the only duty of care that a landowner owes an unknown trespasser is not to intentionally harm that individual. Licensees are owed a greater degree of care, requiring landowners to warn people on their land of known, hidden dangers. Additionally, Newport Beach CA personal injury attorneys can explain that licensees are owed the highest degree of care. Businesses want customers to come into their establishments for their pecuniary gain. As such, businesses are expected to protect customers from foreseeable injuries.
Causes of Action
In addition to a negligence lawsuit for slip and fall accidents or collisions, Newport Beach CA personal injury lawyers can explain that other causes of action may be available based on the facts, circumstances and business types involved. For example, some businesses may be sued for negligent hiring, negligent supervision or negligent training of employees. Restaurants might be sued for breach of the implied warranty if the patron suffered from food poisoning or ingesting an inedible item and was subsequently injured.
Courts are not willing to hold businesses responsible for preventing every single accident from occurring. Rather, they impose ordinary care standards that require the business to exercise the same degree of care as a reasonably prudent individual. Some ordinary care standards require providing precautions to prevent foreseeable accidents, warning customers of known dangers and inspecting the premises. Recovery may be possible if the injured victim can show that the business failed to meet its duty of ordinary care.
In some cases, a victim may have contributed to the injuries that he or she suffered. If this is the case, the victim’s award can be reduced by the percentage of damages that he or she caused. This legal concept can help the business reduce the amount of damages that it may be ordered to pay.
Assistance from a Personal Injury Lawyer
Because state laws establish the required standard of care, and each case is based on specific facts and circumstances, individuals who are injured in commercial establishments may greatly benefit from the assistance of Newport Beach CA personal injury attorneys. Contact Russell and Lazarus APC by calling (949) 851-0222.