Assessing Business vs. Owner vs. Employee Liability: Who is to Blame?

Friday, October 28, 2016

Assessing Business vs. Owner vs. Employee Liability: Who is to Blame?

Written by Malman Law, reviewed by Steve J. Malman.

Aggressive Attorneys Assessing Liability and Pursuing Compensation for Injury Victims in Chicago

When a business is legally responsible for an injury, or the accident that led to your injury, you may be able to file a personal injury claim against that company. Also, depending on how the business is structured, you may be able to sue the company’s owners. In some cases, you may have a claim against the particular employee(s) responsible for your injuries. But, in order to identify all parties, you must first speak with a personal injury attorney. Not all claims are as cut-and-dry as they may seem; and, you want to make sure that all accountable parties are held responsible. Leaving a party out could result in less compensation than you deserve for your injuries.

Was There Fault?

Before the responsible party can be picked, first the issue of fault must be assessed. The obligation to pay for liability falls on the issue of fault or wrongdoing. This means that a business, employee, or another individual acted negligently or carelessly.

Businesses are Liable for the Actions of Employees

As long as it is during the course of employment – in other words, the employee was an active worker at the time and on the clock – the business could be liable for their employees’ actions. This falls under the legal theory of “respondeat superior.” This legal theory holds the employer responsible for the employee when they cause an injury during the course of employment.

For example, an employee causes an injury to a customer by leaving a floor wet. While it was the employee’s fault (and he or she acted negligently), the employee was on duty at work and operating within the confines of employment. Therefore, the employer is now also at fault for the injury, regardless of whether the employer had anything to do with causing the accident.

LLC and Corporation Protections

There are legal protections that business owners have against such lawsuits. Therefore, your attorney will need to investigate how the business is structured before determining if they can file suit against that business. One of the most important steps that your attorney will take in your personal injury case is determining if a business has an LLC or corporation protection. If the business is an LLC or corporation, they will most likely be shielded from personal injury lawsuits that are business-related. There are rare, special circumstances where you can still file suit, but you will need to consult with an attorney before assuming that your case will qualify.

Injured by an Employee? Contact a Personal Injury Attorney

If you were injured by an employee of a company, and you want to explore your options for compensation, contact Malman Law. We can assess your case, as well as investigate all potential defendants, to ensure that you receive maximum compensation. Schedule your free initial consultation now by calling our offices  or requesting more information online.