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On Behalf of | Feb 26, 2023

How does premises liability differ from personal liability?

On Behalf of | Feb 26, 2023 | Personal Injury

When accidents happen, a negligent party should accept responsibility. Doing so involves covering the damages for the injured person.

Liability varies by the type of accident and location, so an injured person needs to review some details before pursuing legal action.

What are premises liability and personal liability?

Property owners or lessees must maintain their premises to a reasonably safe standard. If someone suffers a preventable injury at a location, the owner could be liable. Personal liability involves someone’s negligent action that causes a dangerous situation.

A slip or a fall could involve either personal liability, premises liability or a combination of both. For example, if a person slips on the floor at a shop, the shop owner is possibly liable for not cleaning the spill.

On the other hand, if one person pushes another onto the ground on the store property, the attacker likely holds the liability. However, if the attacker shoves someone onto a wet spot and the pushed person slips, the attacker and the property owner might share the blame.

Who can a person sue after an accident?

In cases of negligence, a plaintiff looks to sue the responsible parties for the incident. Premises liability requires the claimant to demonstrate that the property owner or lessee owed a duty of care to the claimant.

Duty of care means that a person has the right to be on the property and the right to be safe from harm. Such individuals include invited guests, patients at medical facilities, business customers, volunteers at a location and ticketed patrons at an event.

An accident can be the result of the negligence of multiple parties. Reviewing the facts and evidence helps a plaintiff determine who has liability and what action to take in filing a claim.

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