As a business owner in Pennsylvania, it is crucial to be aware of the state’s business liability laws and take necessary steps to protect yourself and your business. In this blog post, we will discuss some important aspects of Pennsylvania’s business liability laws and offer some tips on how to minimize your risk and exposure.
Types of Business Liability in Pennsylvania
Pennsylvania’s business liability laws cover several different types of claims that could potentially arise against your business. These include:
- Premises Liability: This refers to accidents or injuries that occur on your business property, such as slip and fall accidents or injuries from falling objects.
- Product Liability: If your business manufactures, distributes, or sells products, you may be held liable if someone is injured or harmed by a defective or unsafe product.
- Professional Liability: This type of liability applies to businesses that provide professional services, such as doctors, lawyers, and accountants. If a client suffers harm due to your negligence or professional misconduct, you may be held liable.
How to Protect Yourself
To protect yourself and your business from potential liability claims, you should take the following steps:
- Carry Adequate Insurance: One of the most important things you can do is to ensure that your business has adequate liability insurance coverage. This will help protect you in the event of a lawsuit or claim against your business.
- Keep Your Premises Safe: Make sure your business property is safe for customers and employees. This includes keeping walkways clear, fixing any potential hazards, and providing proper signage to warn of any dangers.
- Ensure Product Safety: If your business sells products, make sure they are safe and meet all applicable safety standards. Be aware of any potential defects or hazards and take prompt action to address them.
- Provide Quality Services: If your business provides professional services, make sure you and your employees are properly trained and qualified to provide those services. Maintain accurate records and documentation to help defend against any claims of professional negligence.
Statute of Limitations
It is also important to be aware of the statute of limitations for business liability claims in Pennsylvania. The statute of limitations is the time limit within which a lawsuit must be filed after an injury or harm has occurred. In Pennsylvania, the statute of limitations for personal injury claims is two years, while product liability claims have a statute of limitations of two years from the date of injury or discovery of the injury.
Negligence and Contributory Negligence
Pennsylvania follows a comparative negligence rule when it comes to liability claims. This means that if a plaintiff is found to be partially at fault for their injuries, their compensation will be reduced in proportion to their level of fault. For example, if a plaintiff is found to be 20% at fault for their injuries, their compensation will be reduced by 20%.
Pennsylvania also recognizes the doctrine of contributory negligence, which can completely bar a plaintiff’s recovery if they are found to have contributed to their own injuries in any way.
As a business owner, it is important to be aware of these rules and take steps to minimize your own negligence. This can include properly training employees, maintaining proper documentation, and taking prompt action to address any potential hazards or defects.
Hiring an Attorney
If you are facing a liability claim or lawsuit, it may be wise to consult with an experienced business attorney. An attorney can help you understand your legal options and develop a strategy for defending against the claim. They can also help you navigate the complex legal process and ensure that your rights and interests are protected.
Pennsylvania’s business liability laws can be complex and confusing, but taking the time to understand them can help protect you and your business from potential claims and lawsuits. By carrying adequate insurance, keeping your premises safe, ensuring product safety, providing quality services, being aware of the statute of limitations, minimizing your own negligence, and seeking legal guidance when necessary, you can help ensure the long-term success and sustainability of your business.
Gibson & Perkins is a law firm that specializes in business law and has extensive experience in helping business owners navigate Pennsylvania’s business liability laws. Here are some ways that we can help:
Risk Assessment
The attorneys at Gibson & Perkins can help assess your business’s potential risks and liabilities and develop a plan to minimize your exposure.
Liability Insurance
We can help you understand your insurance options and ensure that you have adequate liability coverage to protect your business.
Compliance
The attorneys at Gibson & Perkins can help ensure that your business is in compliance with all applicable laws and regulations, reducing the risk of liability claims.
Litigation
If your business is facing a liability claim or lawsuit, Gibson & Perkins can provide experienced legal representation to defend your interests and minimize your liability.
Alternative Dispute Resolution
Gibson & Perkins can also help resolve disputes outside of court through mediation or arbitration, which can save time and money and help maintain business relationships.
Gibson & Perkins can provide valuable legal guidance and support to help business owners navigate Pennsylvania’s business liability laws and minimize their risk of liability claims. With our extensive knowledge and experience, you can feel confident that your business is in good hands.