Blog

0 minute read
What Businesses Need to Know About Negligence Claims and How They Can Be Navigated
Cameron Hawkins • June 14, 2024
negligence claims

Negligence occurs when someone fails to exercise a reasonable degree of care to avoid causing another person’s injury or loss. The concept of negligence is relevant to virtually everyone, whether they are a homeowner, dog owner, driver or business owner. A person’s failure to exercise an ordinary level of prudence when performing many everyday activities can potentially lead to accidents or injuries.


Negligence can be a much bigger hazard for business owners than it is for the average worker or person. Businesses often have many moving parts and activities that have the potential to lead to injury if proper caution and care isn’t exercised. They also have employees, each of whom has the potential to act negligently while on the clock.


Business owners also have more to lose than the average individual. The negligence of one worker or partner has the potential to open up the entire business to a liability claim and jeopardize the long-term stability and health of the company.


The Four Elements of a Negligence Claim

There are many different categories of liability claims, and most are subject to unique accident-specific variables and sometimes even different legal doctrines. However, the broad elements of a negligence claim are essentially uniform.


In every negligence claim, the plaintiff (injured party) needs to be able to prove:


  • The business or person had a legal duty to the plaintiff
  • The business or person breached their duty, meaning they failed to exercise the reasonable degree of care that was required given the circumstances
  • The plaintiff’s injury is directly attributable to that breach of duty
  • The plaintiff suffered damages or losses due to the injury


Defense Can Be Derived From Any of Those Elements


The success of a plaintiff’s negligence claim is far from guaranteed. Businesses or individuals can potentially challenge every one of those elements, depending on the circumstances. In some cases, it may be possible to show the business or person was acting reasonably and the person was injured due to their own actions or due to unpredictable or unavoidable happenstance.


In other circumstances, defense attorneys or insurance companies may be able to show the plaintiff’s injuries were pre-existing, are attributable to some other cause or were due to someone else’s actions. It is the plaintiff’s duty to provide adequate evidence to establish the defendant’s actions caused the injury.


Damages and losses are also key. Being minorly inconvenienced, even if due to a person or business’s negligence, may not justify a negligence claim. Damages don’t necessarily have to be related to medical costs or destruction of property to qualify, but the plaintiff will need to prove that whatever medical costs, lost wages or pain and suffering they incurred justifies the compensation they seek.


What Are the Common Sources of Negligence Claims for Businesses?


Some of the most common negligence claims for businesses include slip and fall / premises liability claims, where a person is injured on the business’s premises due to unsafe conditions, and negligent equipment upkeep or use. In those situations, the business’s actions or inaction may constitute a breach of legal duty and expose the business and owners to negligence claims.


Businesses that manufacture or sell products can also be vulnerable to product liability claims. These can be a little different from other injury claims because they can be brought under strict liability doctrine. This means that the plaintiff doesn’t necessarily need to prove that the business was negligent in designing, manufacturing or selling the product, just that the product they made caused the plaintiff’s injury.


Another slightly less common claim type is negligent security. These claims are brought if a person was the victim of violence or assault on the business’s premises or in a space the business was responsible for keeping safe. In these claims, the accusation isn’t that the business committed the assault (unless an employee was accused of the attack), but rather that the business failed to provide the security necessary to prevent foreseeable attacks from occurring.


Preventing Negligence Claims

The best way to combat negligence claims is to prevent injuries from occurring in the first place. Businesses can decrease their liability exposure by training employees on safety and emergency response procedures, as well as implementing strict maintenance and cleaning guidelines. By keeping commercial properties free of hazards and enforcing a mechanism to address hazards as soon as possible if they do appear, businesses can drastically reduce their risk.


Documentation and evidence are key to any negligence claim, which is why installing security cameras as well as a clear and thorough accident documentation system can help shield businesses from negligence claims. It’s much easier to dispute the plaintiff’s narrative when businesses have video evidence of what happened.



Is Your Business Facing a Negligence Claim in Atlanta?

The Law Office of Cameron Hawkins is committed to defending Atlanta businesses against all types of negligence claims. If you’ve received a demand letter related to an alleged injury that occurred on your premises or because of one of your employee’s actions, call us at 678-921-4225. 

By Cameron Hawkins January 24, 2025
Unsure whether claims-made or occurrence malpractice insurance is right for you? Cameron Hawkins Law explains the key differences and how each policy impacts coverage.
By Cameron Hawkins January 15, 2025
Service liability risks can lead to costly lawsuits. Cameron Hawkins Law in Atlanta explains how to assess your business for potential risks and protect against legal claims.
By Cameron Hawkins January 14, 2025
Strong company policies help prevent workplace harassment and legal issues. Cameron Hawkins Law in Atlanta outlines key strategies to build a safe, compliant work environment.
By Cameron Hawkins January 10, 2025
Avoid wrongful termination claims with strong employment contracts. Cameron Hawkins Law in Atlanta shares best practices to safeguard your business and ensure compliance.
By Cameron Hawkins December 20, 2024
Learn how to handle claims from employee negligence effectively. Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal advice today!
By Cameron Hawkins December 16, 2024
Discover how social media posts can impact business liability cases. Get expert legal guidance from the Law Office of Cameron Hawkins in Atlanta, GA.
By Cameron Hawkins December 10, 2024
Learn why thorough documentation is vital when defending against personal injury claims. Protect your rights with expert insights from the Law Office of Cameron Hawkins in Atlanta, GA!
By Cameron Hawkins December 6, 2024
Need help with claims involving independent contractors? Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal guidance today!
Learn how to address employee negligence and mitigate its impact. The Law Office of Cameron Hawkins
By Cameron Hawkins November 27, 2024
Employee negligence can have significant consequences for businesses, potentially resulting in costly claims, damage to reputation and operational setbacks. Fortunately, there are effective approaches to discourage employee negligence and handle claims if they do arise.  Employee Negligence and Its Impact on Business Liability Employee negligence occurs when an employee fails to perform their duties with reasonable care, resulting in harm or loss. Examples can range from minor oversights, like forgetting to secure sensitive documents, to severe incidents, such as driving a fleet vehicle while intoxicated or ignoring safety protocols. The implications of employee negligence may include: Financial Loss : Claims stemming from employee negligence can lead to costly legal battles, payouts and increasing insurance premiums. Reputation Damage : High-profile negligence cases can harm a company's public image, leading to a loss of trust among customers, partners and potential hires. Clients or vendors may hesitate to engage with a company perceived as having poor standards or safety protocols. Operational Disruptions : The fallout from a negligence claim can disrupt daily operations, particularly if investigations or legal proceedings demand substantial time and resources from company leaders. Increased Regulatory Scrutiny : Depending on the industry, negligence can invite additional oversight from regulatory bodies, resulting in audits, fines or mandatory corrective actions. Strategies for Preventing Employee Negligence Preventing employee negligence is one of the best ways to defend your business against liability claims. Companies can adopt a proactive approach by implementing policies, training and monitoring mechanisms. Comprehensive Training Programs Employees should undergo regular training that covers core responsibilities, industry regulations and specific job functions. Training should also address general areas like workplace safety, cybersecurity and customer service. In fields with strict safety protocols, like healthcare or construction, scenario-based training is particularly valuable. Clear Policies and Procedures Establishing clear, accessible policies is crucial to setting standards for employee behavior. These documents should outline expected practices, potential consequences for negligence and steps employees can take to prevent errors. Implementing clear procedures not only improves adherence but also provides a reference for employees who might be unsure of the correct action to take in a particular situation. Use of Technology for Monitoring and Accountability Modern technology can play a valuable role in reducing negligence, especially in industries with high-risk activities. Some examples include: Security Monitoring Software : These tools track data access and ensure that employees do not share or mishandle sensitive information. In industries like finance or healthcare, these tools are essential for maintaining compliance and accountability. Automated Task Trackers : For industries with repetitive or procedural work, task trackers can help employees follow through on each required step. These systems improve productivity and reduce the chances of missing critical steps. Establishing a Culture of Responsibility and Accountability Creating a culture where employees feel responsible for their actions and comfortable reporting mistakes encourages vigilance and corrective action. This can be achieved through: Open Communication : Encourage employees to voice concerns and share suggestions for improving workflows. Rewarding Safety-Conscious Behavior : Recognize employees who demonstrate responsibility and attentiveness to reinforce a safety-conscious work environment. Managing Claims Resulting From Employee Negligence Despite preventative measures, claims may arise due to employee negligence. Effectively managing these claims is essential to protect your company from potential damage. Below are some steps for handling claims due to employee negligence. Investigate the Incident Thoroughly An in-depth investigation is crucial for determining the cause of an incident and assessing the validity of the claim. Collect all relevant documentation, including any witness statements, video footage or internal records, to understand what led to the incident. This investigation not only provides clarity but also demonstrates that your company takes such incidents seriously. Notify Insurance Providers Promptly Contact your insurance provider as soon as a claim arises. Timely notification ensures that claims are managed within policy guidelines and increases the likelihood that legal fees and settlements will be covered. Insurance providers can also guide you through the claims process, offering additional support for your response strategy. Develop a Communication Strategy Maintain transparent communication with affected parties, including the claimant, employees involved and any stakeholders. Avoid admitting liability prematurely, as this can weaken your position in negotiations or court. Instead, convey that the incident is under investigation and assure all parties of your commitment to rectifying the issue. Seek Legal Guidance Legal support is critical to managing claims effectively. An experienced attorney can assess the claim, advise on liability issues and represent your company in negotiations or court. An experienced business liability defense lawyer can also help identify and develop potential defenses. Document and Improve Procedures After resolving a negligence claim, review and improve any relevant policies, procedures or training programs to prevent future occurrences. Identifying gaps and making changes not only enhances safety but also reduces the likelihood of future claims. Additionally, demonstrating a commitment to improvement can favorably impact settlements, insurance renewals and regulatory reviews. Contact Our Skilled Atlanta Business Liability Litigation Attorneys Today If your business is facing claims due to employee negligence, The Law Office of Cameron Hawkins is here to help. With extensive experience defending companies against negligence claims, our team will work diligently to protect your business’s financial interests and reputation. Contact us today for a consultation or give us a call at (678) 921-4225.
By Cameron Hawkins November 19, 2024
Thorough documentation is your first line of defense. Learn how the Law Office of Cameron Hawkins in Atlanta helps businesses navigate personal injury claims.
More Posts
Share by: