The main difference between premises liability and personal liability is contained in the phrases themselves: premises liability relates to injuries that occur on a particular property, while personal liability involves a particular person’s actions.
It is important to understand the difference between personal and premises liability when you are injured because it will affect who can bring a claim, what you have to prove, the damages you can recover, and any insurance coverage that might apply.
An attorney who has experience in premises liability and personal liability, like the attorneys at Aversa & Linn, can advise you on your right to compensation, and help you to get the maximum compensation for your injuries or property damage.
Premises Liability
Premises liability holds property owners, occupiers, and sometimes managers, responsible when someone is injured on their property as a result of a hazardous condition that they knew, or should have known, about. It also extends to situations where they create a hazardous condition whether through their own actions or from hiring someone to do work on the property. Owners and occupiers have a legal duty to maintain their premises in a safe condition for those using the property. If an owner or occupier fails in this duty, they can be held liable for any resulting damages. Common premises liability claims include slip and fall cases, dog bites, swimming pool accidents, and falls due to accumulating ice and snow.
Premises liability applies to home and business premises, and is a duty owed to personal guests, business users, and even trespassers in some circumstances. If you are injured on someone else’s property, whether it is their home or business premises, you may be entitled to compensation for your medical expenses, loss of income, and pain and suffering.
Premises liability can be technical and differs slightly from state to state. An attorney experienced in premises liability cases in your state can help you determine if you have a valid claim against an owner or occupier for your injury-related losses.
Personal Liability
Personal liability involves an individual being held accountable for damages they cause another person by their negligent actions, or failure to act. A personal liability claim is not related to where the injury happened, as in a premises liability claim, but solely to the person’s behavior. The most common form of personal liability is car accidents, where you can be found liable if you are driving, but can also extend to other areas when you’re making decisions.
Every person owes a duty of care to other people to take reasonable care not to do others harm. For example, when you are driving a car, you owe other people a duty to drive carefully and obey the rules of the road so that you do not cause an accident. Negligence occurs when an individual fails to take reasonable care and causes harm as a result.
In a personal liability claim, harm can include property damage (such as damage to your car) as well as injuries and injury-related expenses, medical expenses, lost wages, pain and suffering, and other losses related to the negligence. An attorney experienced in personal liability, like the attorneys at Aversa & Linn can help you understand your rights, and provide guidance on how best to pursue your legal claim.
Insurance
Insurance is a key factor in premises liability and personal liability claims because insurance coverage for each is very different and can affect your compensation. Most homeowners and businesses carry premises liability insurance. This provides financial protection for property and business owners in the event that someone is injured on their property.
In a personal liability claim, the insurance coverage can be harder to determine. Many homeowners’ or renters’ insurance policies include some personal liability coverage. Some people also have umbrella insurance policies which provide coverage for personal liability claims.
Knowing where to look for insurance coverage, and what type of claim to pursue when you have been injured can be difficult. An attorney experienced in both premises and personal liability cases can help you determine the best course of action, and help you to obtain fair compensation for your injuries.
Contact one of the experienced premises liability and personal liability attorneys at Aversa & Linn today to discuss how we can help you get the compensation you deserve.
