What is a business’s liability if a kid injured his clavicle while playing tag in the store running full speed?

The father decides to ask for a settlement due to the business’ negligence; however, there are no reports of any spillage, etc. that could have led to the kid’s injury. Should the business, as the defendant, argue for the responsibilities or agree on a settlement that is quite large?

Asked on July 8, 2014 under Personal Injury, California

Answers:

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

The business should have notified their insurance carrier; as I can't imagine a business not having premises liability insurance. The insurance carrier will investigate, assign an attorney to raise all your possible defenses.  If their is no insurance, the business should hire a defense attorney to explore defenses, mitigate damages, apportion liability  and negotiate on its behalf.  The plaintiff bears the burden of estalishing that the business was somehow negligent. To combat this and possily seek a summary judgment of dismissal, the business'es lawyer needs to research similar cases and make a motion to the judge.  The business needs more legal help than can be found by posting questions on the internet


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