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When is an employer liable for your injuries?

On Behalf of | May 11, 2023 | Personal Injury

If you are injured in a restaurant, hotel or other New Jersey establishment, you might have grounds for a lawsuit. It may be possible to name the employee who took actions that resulted in your injuries, the worker’s employer or both as defendants.

The employee had a track record

If an employee has a history of acting in a negligent manner, the employer may be negligent in allowing that person to remain with the company. This is referred to as “negligent retention” and may apply in your case if the company failed to take steps that would have revealed the employee’s prior related issues and could have prevented the accident that you were involved in.

For example, assume that an employer failed to do a background check that would have turned up a DUI. In such a scenario, the company might be liable for your injuries if that worker caused a wreck in a company car while under the influence of alcohol.

Evidence that may bolster your claim

Medical records may be used to verify that you were hurt at a defendant’s establishment or while in proximity to a job site. They may also prove that you incurred a financial loss as a result of an employee or employer’s negligence. Witness statements, photographs or video footage might also be introduced as evidence in your case.

A defendant’s negligent actions may result in injuries that prevent you from working, going to school or enjoying other activities. However, it may be possible to obtain a financial award to pay for medical bills, lost future earnings or other damages incurred because of another person’s irresponsible behavior.

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