If you’re hurt at a business or because of a defective product, you may wonder how to sue a company for personal injury. Our experienced San Bernardino personal injury lawyers at LA Century Law explain what you need to know.
How Do You Sue a Business for Personal Injury?
To sue a business for personal injury or any other type of legal violation, list the full legal name of the business as the defendant in the lawsuit. You may label the business a corporation, LLC, LP, or include a DBA (doing business as) reference. It is also important to name any subsidiaries or affiliated companies as defendants in the lawsuit.
Since a corporation is not a person, the law requires the business to designate a person to accept service of the Summons in a lawsuit. The Summons is the document that requires the business to appear in Court.
To serve the lawsuit on the business, you may serve the designated agent for service of process. This information is listed on the Secretary of State’s website. If you fail to serve the Agent for Service of process, service may be improper; therefore, it is important to ensure the proper designated individual is served with all legal papers.
Suing a Business or LLC for Negligence
In some ways, suing an LLC for personal injury is like a claim against an individual.
- Negligence applies, and businesses are sometimes held to a high standard. Also, the acts of an LLC’s employees are imputed onto the business. Meaning if an individual acts improperly or causes harm, the business is still responsible for their employees’ conduct or anyone else acting on their behalf.
- You must prove your right to compensation.
- The compensation awarded may include economic and non-economic damages.
Some ways in which suing a business for negligence is different:
- You must name the business entity as a defendant.
- There are rules for service of process on a business. (e.g., serving the agent for Service of Process)
- The case is looked at through the lens of a business with a duty to keep its customers safe—this is beneficial for the injured person.
- Businesses often have insurance policies that may provide compensation that is higher than policies for individuals.
- Generally, only business assets are available to pay compensation. It may be possible to pierce the corporate veil if certain circumstances are present. Piercing the corporate veil is a fancy way of saying the member of the LLC may have personal exposure. However, to pierce the veil is no easy task. It requires a showing that the individual who is a member or manager of the LLC did not comply with corporate formalities.
When Is a Business Liable for Your Injuries?
A business is liable for your injuries when it fails to take reasonable steps to prevent harm. Businesses have a legal duty to ensure the safety of their patrons and others they may interact. Because a business exists to make a profit, they have a high duty. They cannot generally place profits above keeping the private members of our community safe.
The exact standard that applies depends on the type of business activity that relates to the injury.
Standards for Business Injury Liability
Failure to maintain the premises
Many personal injury lawsuits against a business are because of a dangerous property condition or hazardous condition on the property that causes harm to a person.
A business must safely maintain its property and warn of known dangers that it knew of or could have learned of through reasonable inspection. They must discover unsafe conditions and mitigate them or warn people about them. A lack of adequate upkeep can make the business liable. The standard that applies is negligence.
Product liability
When a business sells a dangerous product, it may be liable if harm occurs.
Liability may exist because the product has a bad design or there is a manufacturing defect. California law makes a business strictly liable if an unreasonably dangerous product causes harm.
Negligent security
Sometimes, a business can be sued because of what other people do on their property. A business has a legal duty to ensure the safety of people on its premises.
They must take reasonable measures to prevent crowding accidents, jostling, assault and battery, and sexual violence. If security measures are lacking, it may make the business liable for personal injury.
Vicarious liability
A business can be responsible for the actions of its employees. The legal term for this liability is vicarious liability or respondeat superior. Vicarious liability does not apply in all circumstances, such as when the employee is acting outside the scope of employment.
Examples of Business-Related Injury Claims
- Falling on a spill or slick floor, uneven flooring
- An object falling from above
- Collapsing structure
- Explosion, fire, chemical exposure
- Assault and battery, violence
- Sport, amusement, or entertainment malfunction
- Products exploding or operating incorrectly
- Car accident claims
Gathering Evidence: What You Need To Build a Strong Case
Like other claims, a personal injury lawsuit against a business relies on evidence, which you must gather to build your claim.
Report the accident
If the accident is a car accident, the police may write a report. If the accident is on a business premises, report the incident to an employee. Ask to report it to a manager or owner. The business may create a written incident report. Keep your report brief and get a copy.
Document the scene
Gather names and contact information for witnesses. Take photos of the injury and the accident scene.
Get medical attention immediately
Seek urgent medical care.
Write it down
As soon as you can, write down everything you remember about what happened.
How a lawyer can help
A lawyer can work quickly to preserve surveillance video and do other things that may help your case.
A lawyer can also formally file your case, following the steps for a claim involving a business.
What To Expect When Filing a Lawsuit Against a Business
When filing a lawsuit against a business, expect them to respond aggressively.
Businesses often have teams of lawyers to fight lawsuits, even when they’re clearly in the wrong. A lawyer can represent you with a customized legal strategy.
Settlement vs. Trial: How Business Injury Cases Are Resolved
Business injury cases are resolved by settlement or trial. Building a strong case can put you in a position for a favorable resolution. If you settle, the parties put the terms of the settlement in writing. The business pays in the timeframe and in the way the agreement says. The case then ends.
Like other personal injury cases, a case against a business can go to trial. You present your case for why the business has legal liability. There are many steps and stages, including pre-trial proceedings, jury selection, presenting the case, responding to the defense, and making arguments to the jury. Your lawyer can assist with critical steps, including preliminary motions, discovery issues, disputes about evidence, and asking the court for the appropriate jury instructions. A lawyer can represent you in trial and post-trial proceedings.
Contact an Experienced San Bernardino Personal Injury Lawyer
If you have suffered a personal injury at a business or because of a product, you may be entitled to monetary compensation.
However, there are important things to know about how to sue a business for a personal injury. LA Century Law can help. Talk to an experienced San Bernardino personal injury lawyer. Call or message us now.