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Michigan personal injury attorneyIf you are injured in an accident, you may think that your case for compensation rests on the ability to demonstrate the negligent actions of an individual person who is responsible. While it is true that many personal injury cases, especially those involving car accidents, have an individual defendant, it is also possible for a business entity to be liable for your injuries. These cases can be more complicated, but with the help of an experienced attorney, it is also often possible to obtain greater compensation.

Circumstances in Which a Business Can Be Negligent

There are a wide variety of situations in which a business may be fully or partially responsible for injuries suffered in an accident. Some of the most common include:

  • When an accident occurs on the business’s property. According to Michigan premises liability law, the owner of a property has a duty of care to ensure safe conditions for lawful visitors. If an injury occurs in a store, restaurant, or other business because the business owner failed to reasonably address a hazard that they should have known about, the business may be liable for damages.
  • When an accident occurs because of a defective product made by the business. Design defects and manufacturing defects can both result in dangerous products that can injure or harm users. If there are reasonable measures the business could have taken to promote safer production or prevent defects, the business can be held responsible.
  • When an accident occurs because of the negligent actions of a business’s employee. Common examples include semi-truck accidents related to a failure of the trucking company to enforce safety regulations, and nursing home abuse or neglect by a staff member if the owner or operator fails to reasonably intervene. 
  • When the actions of a business contribute to the cause of an accident. One specific example is established under a statute known as the “Dram Shop Act,” which states that a business that serves alcohol to a minor or visibly intoxicated person can be liable for injuries resulting from that person’s intoxication.

Pursuing Compensation From a Negligent Business

When compared to individual defendants, businesses often have greater resources to hire a skilled legal team to defend them against claims of negligence. If you are seeking compensation from a business for your injuries, you need an experienced attorney who can hold his ground in settlement negotiations or litigation to resolve your claim. That said, businesses also often have higher liability insurance limits than individuals, so there may be more compensation available to cover the full extent of your damages if your claim is successful.

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Posted on in Personal Injury

Many personal injury claims filed following a car accident are based on negligence. If a driver is negligent, that means that he or she failed to exercise reasonable care toward other people on the roadways when operating their vehicle.

Proving negligence requires you to establish these four elements:

  • Duty – All motorists have a legal duty to other drivers and parties on the roadways to operate their vehicles in accordance with the law act responsibly behind the wheel.
  • Breach of duty – When a driver fails to adhere to traffic laws or drives recklessly, he or she has breached the duty owed to others.
  • Causation – The driver’s negligence must have directly and proximately caused the accident and the victim’s injuries and damages.
  • Damages – The victim must have suffered injuries and damages as a result of the accident

Common Forms of Driver Negligence

If you have been in a car accident that you did not cause, it is likely that the other driver broke one or more traffic laws. Some of the most common forms of driver negligence include:

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