Over the past 25-years or so, the idea of the “frivolous lawsuit” has become something of a pop-culture “phenomenon”. Because of some high-profile lawsuits against business and companies, there are people out there who are looking to make a “quick buck” on an owner who doesn’t want business or company shown in a bad light. Typically, these frivolous lawsuits are highlighted by outrageous high demands from the “injured” party, such as demands for hundreds of thousands of dollars in “emotional” damage that the incident caused. For the most part, these “victims”, and the lawyers of who handle the suits, are looking for a settlement which will some larger companies are willing to do just so no damage is done in the court of public opinion. Because of the sheer number of these lawsuits, some states and providences are putting in safeguards that either prevent or lessen lawsuits that don’t seem to have any validity. This means that, as years go on, the “frivolous lawsuit” is not as effective as it once was.
With all of this said, there is a big difference between a frivolous lawsuit, and a valid one that occurred due to negligence by the business owner. If a customer is injured in a retail store due to no fault of their own, or even partial fault, the owner has a responsibility to take care of the injured person as the law dictates. Responsibilities differ from state to state, but it typically involves medical costs, lost wages at work, and any other damages that are relevant to the case. Lawsuits can occur if the owner is not willing to pay the amount that should be owed, though, as stated, there are safeguards that can protect the owner from someone looking to sue just because they want to may a large payday on their injury. For example, if the owner follows the letter of the law, so to say, and pays what they are responsible for, you cannot comeback and sue them for $2 million just because; there needs to be an active reason for it.
Most business owners, the smart one’s anyway, will have thorough business insurance that will protect them in case of customer injury or death, meaning that while their insurance rates will go up, they will have the money to provide for the injured. With that said, if the business owner is not willing to pay their fair share, lawsuits may be needed in order to get what is needed. This is where a personal injury attorney in Wisconsin can help.