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Photo of Joshua Nielsen

Who is liable if another patron hurts me in a business establishment?

On Behalf of | Jan 30, 2021 | personal injury

Liability generally relates directly back to the person who caused you injury or whose negligence caused you injury. If you are in a business establishment and another customer injures you, there might be liability for both that other person and the owner of the business.

According to U.S. News and World Report, liability for injuries often ties to intent and what exactly happened in the situation.

Owner is liable

The owner of the business would be liable if something he or she did or did not do led to the situation under premises liability law. This law maintains that property owners have a standard of care they owe to you that will keep you safe and secure when on their property.

If the assault on you occurred because the property owner did not have proper security in place, then he or she could be liable.

Other patron is liable

The other patron may be liable in a situation where he or she intentionally hurt you. For example, if the other person hit you with a fist in your face, then that is assault. The other person would be liable.

However, in a situation where the other person injured you by accident, liability comes into question. For example, if the other person slipped on the floor and fell into you, causing you injury, then he or she is not likely liable, but the property owner would be. In this situation, the other person did not intend to hurt you, but the property owner’s lack of standard of care to provide safe premises would turn the liability on him or her.