A company can be held liable if any of their employees caused an injury to somebody in the act of carrying out their duties. In Latin, this legal doctrine is termed ‘Respondeat superior’. This translates to ‘Let the master answer’; in other words, a third party can be held responsible for the actions of their agents.
In respondeat superior litigations, all that is needed to be established is the fact the employee was culpable for the injury caused. It doesn’t matter to a personal injury attorney in Florida if the employer is also negligent in issues such as security, supervision, employing qualified staff, etc. The simple fact is, a prima facie case can be made if it is shown the employee was acting on behalf of the company at the time of the incident.
A recent personal injury lawsuit against a big tech firm filed in Florida underlines the issues at stake. The case was filed on behalf of the plaintiff in the US District Court for the Southern District of Florida. Though the incident occurred in South Florida, it was filed in a federal court because the liable tech company has its headquarters in the State of California.
The court documents show that the plaintiff suffered the injury at a store owned by the tech firm in Wellington, Florida. She was struck by a loose metal wall fixture when it fell off.
According to the court filings, the plaintiff went to the store to repair her faulty iPhone based on an appointment she made. The incident occurred after the negligent employee attempted to replace her fault phone case with a new one.
On taking a new phone case off the wall, the employee caused a dangerous metal wall fixture to fall on the plaintiff’s left arm.
The plaintiff claimed the personal injury she suffered were all due to the negligence of the employee. No single act of negligent leading to the injury can be attributed to the plaintiff, the documents claim. This is important as any culpability on her part could significantly reduce the damages she is entitled to.
This fact is supported by Florida Statutes 768.81. This statute states that for personal injury cases, the damages awarded to the plaintiff would be reduced if the plaintiff contributed in any way to the injury.
In a case like this, an experienced personal injury attorney should be to establish a premises liability case too. The company should be made to account for why it failed to make the premises safe by properly inspecting, maintaining and carrying out repairs on the premises.
Litigations like this are important as it seeks to protect the public from companies who refuse to focus on the client’s or public’s safety. It is important that when people go to business premises to conduct legitimate business, they should expect to be protected against personal injuries. It is therefore expected that businesses and companies must be able to foresee these hazards and find ways to prevent them.
The safety of the public cannot be taken for granted.
So if you find yourself sustaining an injury on a business premises, you can contact any competent personal injury attorney in Florida. Your legal options would be laid out clearly for you.