Injuries on someone else’s premises
Hurt on someone else’s premises? Start here.
The days after an accident are the ones that decide most claims, and they are also the days when nobody explains anything. This is written for that moment, when something has gone wrong and you are trying to work out where you stand.
What this site covers
Two things decide most of these claims
Injuries on someone else’s premises
Restaurants, shops and chains deal with customer injuries constantly, and they have a settled way of handling them. Knowing how a business responds, what it records, what it offers and how fast, tells you more about your position than anything you will be told on the day.
Who actually carries responsibility
Liability rarely sits where people assume. A franchise and its parent company are not the same defendant, a contractor is not the same as an employee, and a hazard that was reported is treated very differently from one that was not.
Where liability sits
Four distinctions that change the answer
Franchise or parent
The company on the sign is often not the company that operated the store that day.
Employee or contractor
Who was cleaning the floor, and who they worked for, decides who answers for it.
Reported or not
A hazard logged an hour earlier is a very different case from one nobody recorded.
Invitee or trespasser
What the business owed you depends on why you were there in the first place.
The first week
Easy now, nearly impossible later
- Photograph the hazard before it is cleaned or repaired.
- Request the CCTV in writing before it is overwritten.
- Keep the shoes and clothing you were wearing.
- Ask for the incident report and ask for a copy of it.
- Note who you told, and the exact time you told them.
- See a doctor even if you feel able to walk away.
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One thing to be clear about
This is an information site, not a law firm. Nothing here is legal advice and reading it creates no professional relationship. Injury law varies by state and your own facts decide your case. If you are weighing a claim, speak to a qualified attorney licensed where you live.