Premises Liability vs. Negligence – Know the Differences
Premises Liability vs. Negligence – Know the Differences
Injuries can happen anywhere. You can get injured at work, on the road, and even in your own home. But what happens when you get injured on someone else’s property? Can you claim compensation?You can sue the owner if you were injured on their property, but you must know what claim to make. The most common ones are negligence and premises liability.Many people do not know what these two terms mean or what the difference between them is. However, knowing what makes them different will help you make the correct claim and increase your chances of recovering money from the liable party. So, what are the differences between premises liability and negligence?What is Premises Liability?Premises liability focuses on the injuries that one gets while being on the property of another person. Sustaining an injury pretty much anywhere outside your house and experiencing the damage due to another individual’s negligence can be considered premises liability. For instance, you may get injured in places like a convention center, amusement park, grocery store, school, office building, and so on. Even another person’s home or a sidewalk can be part of a premises liability case. What is Negligence?Negligence is more of an umbrella term because it includes anything that results in a person’s injury. Premises liability is also included under negligence, but other types of personal injury cases can also be considered “Negligence”. What is the Clear Difference Between the Two?In a premises liability case, the victim must have been injured by a specific condition on the property. Meanwhile, for negligence, the injury must have been caused by “ongoing activity” when the victim took physical damage. In negligent act cases, the victim has to prove that the defendant owed any duty to them and that the duty was breached by the defendant. Also, it must be proven that the injury was caused by the action of the defendant.Then, in a premises liability case, the victim has to prove that the defendant knew about the condition on their premises, but also that this condition was dangerous and increased the risk of harm and that the defendant didn’t do anything to eliminate this risk or reduce it. Lastly, the plaintiff must prove that the failure of the owner to eliminate or reduce the risk resulted in the plaintiff’s injuries. Types of Premises Liability CasesBecause premises liability can be included in negligence claims, people can become very confused. There are various injuries that one can sustain while they’re on the property of another individual. Thus, property owners must do everything they can to maintain the safety of their premises and approaches.
Swimming pool with ladder and yellow border; image by Etienne Girardet, via Unsplash.com.
Assault and theft
Electrocution
Dog attacks or bites
Slip and fall
Near-drowning
Chemical exposure
Flooding
Accidents in elevators and escalators
Fires
Accidents in swimming pools
About Tiberiu Iavorenciuc
Tiberiu is the owner of EasyLinkStudio. He loves fishing, traveling and to be surrounded by numerous people. He's a happy and energetic person that always loves what he does.