What to do if you are facing a frivolous negligence claim

On Behalf of | Apr 7, 2020 | Civil Litigation |

Business owners in Iowa such as grocery store owners, restaurant owners and others that serve the public take great measures to make sure their business is clean, safe and inviting. But no matter how diligent business owners are, there will be those who act out of greed and fabricate an injury, leading to a personal injury lawsuit that the business owner must now defend themselves against.

Elements of a negligence claim

Frivolous negligence claims may have no merit, but they still must be defended against. To do so, it helps to have an understanding of what constitutes negligence. In a negligence claim, the plaintiff will take the position that the business owner owed them a duty of care, which was breached, and that the breach both actually and proximately caused compensable injuries to the plaintiff.

Possible defenses to a negligence claim

One way to defend against a negligence claim is to state that you did not breach your duty of care because you acted as a reasonable business owner would in similar circumstances. Another defense may be to argue that an unforeseeable intervening cause led to the injury, so you were not responsible for it or for the harm suffered. Finally, in some cases it can be argued that the damages being sought are much greater than what the plaintiff actually suffered, especially if the injury was minimal or fabricated.

Attorneys can help in the fight against frivolous lawsuits

Business owners in the Quad Cities who are facing what they feel is a frivolous lawsuit still must act upon it. This post is for informational purposes only, so business owners who are facing a personal injury claim against them may want to seek legal advice, which this post does not contain. Personal injury defense attorneys can aggressively advocate for their clients, providing an individualized strategy to fit the client’s unique circumstances. Frivolous personal injury claims should still be taken seriously, so business owners facing one will want to do all that is necessary to defend themselves against it.