If you encounter a natural disaster such as a hurricane or a tornado during a business trip, it is possible that you might incur injuries. But can you sue the business for the injuries incurred? Typically it is possible when the business owner or management is negligent in the duty of care owed to those seeking business with them within the confines of their property. However, it might be possible when a natural disaster such as a tornado occurs that the business may remain liable for damages if they were negligent in taking proper care to protect those present at the company during the disaster.
Types Of Injuries Incurred In A Natural Disaster
There are multiple potential injuries a customer or guest may incur during a natural disaster that could lead to litigation against the company. These may involve trips, falls and slips due to winds, water or icy deposits. If a person suffers these injuries and the business is aware of the problem without taking the necessary preventive measures, the injured party may have a valid case. However, if the business does not have sufficient time to remove such hazards, the individual may not have a viable case. Other injuries may include falling debris, unremoved substances and broken items such as glass windows.
The Duty of Care Owed By A Business During A Natural Disaster
Businesses owe a duty of care to customers that may extend to situations that include storms. By ensuring the person has shelter during the beginnings of the storm, the company may increase possible liability if this safety and protection do not prevent incidents of injury. Either by ignoring the necessary duty of care or breaching this duty, the business owner may become responsible for the damages incurred. The injured party may have a claim against the business if they can prove causation between the two elements.
Negligence Of The Business And The Injured Individual
By taking care of customers to the best degree possible, business owners may reduce liability. However, negligence during a natural disaster might occur through a lack of care, not performing necessary actions, etc. Another issue is if a person is an invited guest at the business during off-hours. An invited person comes to a business at the behest of company. It could entail a meeting, a deal or other interactions that involve both the invitee and the business employees or owner. For someone without permission on business grounds, the likelihood of pursuing negligence or liability for injuries incurred is less possible. The individual has no permission, is not an invited person and has no business at the company. Proving negligence on behalf of the company is difficult if the other person is not a guest or specifically invited.
Specific Accidents Incurred In natural Disasters
Certain incidents occur with greater frequency where the injuries are the responsibility of the business. Such injuries, which often require the input of a slip and fall attorney, occur primarily due to slips and falls outside the building or in the parking lot. The less the business maintains the safety and visibility of this area, the higher the chances are that someone will be injured from the lack of care. Slips and falls often occur where the ground is icy or wet. If the company does not repair the problem or quarantine the area with clear signs, the owner may face litigation claims.
Other injuries in natural disasters may be caused by unrepaired railings, stairs, eroded parts of the parking lots, etc. In the middle of a storm, it is more likely that these problems may become worse due to high-velocity winds and excessive rain. Guests on the property may suffer additional injuries because of no repairs or the lack of maintenance in these areas.
In such a situation, a competent and qualified personal injury attorney is able to explain all your options in proving negligence and assists you in pursuing the claim presenting your case.