527Last summer, a Gretna gas station faced a personal injury lawsuit from a main who claims he was injured when his car ran into an open drain in the gas station’s car wash. Raymond S. Dave Jr. filed suit against an unknown owner, Brother’s Convenience Store and their insurer in a local district court on July 15. The plaintiff also claims damage to his car, and accused the defendant of leaving the car wash in a defective state.

Dave is seeking unspecified damages for pain and suffering, mental anguish, loss of wages, medical expenses, damage to vehicle, loss of use of vehicle and towing.

The Ins and Outs of Personal Injury Law

Personal injury is one of the most common causes for litigation, and no matter what kind of business you operate you are exposed to some risk of personal injury claims and lawsuits from customers and other visitors to your premises. While you can take steps to protect the safety of others on your property, knowing your legal rights and obligations can help you defend yourself from improper or frivolous claims and unfair judgements.

For instance, a Louisiana statute of limitations says that a personal injury suit must be filed within one year of the alleged incident. If the deadline has passed and the alleging party proposes an out-of-court settlement without having filed suit, you are usually free of any legal obligation to compensate them.

When facing a personal injury claim against you, a finding of fault on your part does not always mean that you will have to pay the entire claim amount. In many cases both parties are found to carry a share of the blame for the incident, and the percentage of the award that you are liable for is proportional to your share of fault. Whether in court or settling privately, make sure to examine the circumstances of the incident thoroughly to see if the other party may end up sharing a part of the fault.

Protect Your Business From Undue Personal Injury Liability

Other technicalities and issues may apply in a personal injury case, and if you are confronted with a personal injury claim you should consult with an attorney to ensure that are not taken advantage of in a ruling or settlement. Contact the personal injury attorneys at Smiley Law to keep personal injury from hurting you.

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Seth Smiley
Seth is an attorney licensed to practice in Louisiana and California. He is the owner and lead attorney at Smiley Law Firm. To speak with Seth fill out the form on this page.
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