Injuries can occur at any time in some of the most unlikely locations a person could imagine. When someone is injured, another party might be held legally liable for their pain, damages, or medical bills. One of the key things that can determine this onus of responsibility is the expectation of safety. This means that when you go somewhere, it is reasonable to assume that you will be safe in the location or situation within normal parameters.
Personal Actions
What a person is doing at the time the injury occurs will be of importance to the case. Even if you are supposed to be at a certain place or performing particular tasks, you must also take your own safety seriously. Should an insurance company find that a person is acting in a reckless manner that shows a disregard for their own safety, it will be much harder to make a case.
Victim Status
The legal status of the injured party is an important consideration in any personal injury case. In many situations, an individual who is knowingly trespassing will be tacitly waiving their right to a reasonable expectation of safety. If you’re just a person who has legal business or personal affairs to conduct, a personal injury lawyer can take a look at the factors surrounding your case and help you decide on the best course of action.
Business Responsibilities
All businesses have to provide a reasonable expectation of safety for their workers and anyone else authorized to be there. Although the specifics can vary from one company to the next, an attorney familiar with the guidelines of a particular industry will know what to do. In most cases, the business must prove that it has done everything in its power to keep people safe. If it is found to be negligent, you may have a personal injury case. The steps a company should take for safety might include employee training, worker gear, regular cleaning, and equipment inspection.
Reporting
Insurance companies can be quick to deny personal injury claims if they find that you didn’t adequately report issues. If you are a worker, you should report any possible hazards you see as soon as you can. If the company fails to address these problems, you could have a strong personal injury case on your hands.
Although there is not one specific rule that covers all aspects of the reasonable expectation of safety, an experienced lawyer can look at a scenario and see if the expectations apply. There are some exceptions as well, but if you are simply going about your daily business, it is not unreasonable to assume that you will remain safe and injury-free while doing so.
Author information: Meghan Belnap is a freelance writer who enjoys spending time with her family. She loves being in the outdoors and exploring new opportunities whenever they arise. Meghan finds happiness in researching new topics that help to expand her horizons. You can often find her buried in a good book or out looking for an adventure. You can connect with her on Facebook right here and Twitter right here.
