Franchise business owners give other investors the rights to conduct business using their business model, trademark, copyrights, trade name in exchange for a purchase, and on-going loyalty fee. The person who is given the right to conduct business is known as the franchisee whereas the original owner is a franchisor. These business models are governed by franchise law. Since there are two parties involved, it can be hard to know the action to take when you are injured at the business premises where the franchisee operates. Who should you sue, the franchisor or the franchisee? And how do you go about it? Consider the following three tips
The most complex part of personal injury and franchise is establishing who is liable. Either the franchisor or the franchisee can be held liable, depending on whose actions led to the accident. A franchisee will be held liable if the accident was caused by their negligence or the negligence of their employees. The liability can shift to the franchiser where there is proof that the situation was under their control. In some cases, injured individuals can sue both parties.
Seeking Help from Personal Injury Attorneys
Due to the complexity of such cases, you should seek help from qualified personal injury attorneys when you are injured. An attorney can help in evaluating your case to establish the party you should sue. Suing the wrong party will waste both your time and money. Additionally, an attorney can help in identifying the amount of compensation you need for personal injuries. Personal injuries compensation extends to so much more than medical and hospital expenses. Depending on the circumstances, the injured can be entitled to compensation for lost earnings, household expenses, pain and suffering, medical equipment, loss of opportunity, loss of companionship and lost future earnings among others.
Just like any other personal injury case, you should collect evidence that can be helpful in proving liability and winning your case. You should start by taking photos of the scene of the accident. Such images not only show the cause of the accident but they can also help in identifying whether it is the franchiser or franchisee who is liable. Second, get statements from anyone who witnessed the incident. Finally, keep a record of all your medical reports, medical expenses and other expenses incurred as a result of the accident.
Regardless of who is liable, you should report the matter immediately to the management where the incident takes place. After that, seek medical help. Seeking medical help as soon as possible is essential for your wellbeing and it is also good for your case. If you don’t go to the hospital immediately, the plaintiff may claim the injuries were not serious. Finally, get in touch with a lawyer and file your case soon after you get medical help. There are two mistakes you should avoid in a personal injury case. One, don’t settle before talking to your lawyer. Two, check the statute of limitations in your state to avoid filing when it is too late.