If your injury was because of someone else’s negligence, you are liable to get proper compensation. But often, in all this legal jargon, you miss the chance of maximizing your claim. Understanding the difference between premises liability and personal liability can be crucial in determining who is responsible and whether you have a case for financial compensation.
So, Are Both The Same Thing?
After you suffer from an injury, there are legal options that exist to recover compensation for your medical bills, lost wages, plus pain as well. When it comes to personal injury claims, two legal concepts include premises liability and personal liability. Are they the same thing? No. Let’s find out how different both are:
Premises Liability vs. Personal Liability
Nature of the Liability
- Premises Liability: The claim mainly revolves around accidents and injuries on another person’s property because of unsafe or hazardous conditions.
The severity of the case depends on the property’s condition, and the liability falls on the property owners. Although, it may fall on the renters and tenants too. - Personal Liability: It is an individual’s legal responsibility with respect to their actions that resulted in harm or injuries to another person or entity.
The case is not dependent on the condition of a specific property but rather on the behavior and action of the person. Personal liability includes auto accidents, product liability, professional malpractice etc.
Legal Standards
- Premises Liability: According to this legal standard, the property owner or the person using it was negligent in maintaining or controlling it. The occupant’s negligence about hazards on the property is a punishable offense.
- Personal Liability: Personal liabilities rely on individual conduct, resulting in negligence and harm to another party.
Parties Involved
- Premises Liability: The parties involved in such kinds of cases mainly consist of the property owner. However, there are cases where the occupant (tenant) may be held responsible for the injured visitor or guest.
- Personal Liability: Personal liability cases involve people themselves as the responsible parties. It may be you, drivers in auto accidents, manufacturers when we talk about product liability cases, doctors for professionals in malpractice claims, etc.
Types of Accidents
Premises Liability: The cases usually revolve around accidents that take place on someone else’s property because of hazardous conditions. Examples of incidents include the following:
- Slip and fall accidents.
- Inadequate security that opens the gate to criminal activities
- Injuries due to dangerous property conditions
Personal Liability: Personal liability covers the following:
- Automobile accidents
- Product defects
- Professional negligence
- Intentional torts
- Breaches of contract
Closing Note
In a nutshell, premises liability mainly discusses property conditions and harm to it, while personal liability is damage due to personal conduct. Both result in lawsuits for injuries, but the focus is on the property vs. the person’s actions. If you find yourself in a situation where you need legal guidance, our skilled attorneys at Edwards Sutarwalla Samani LLP are here to help. Our teams are led by experts such as George Edwards III, a founder and partner with extensive experience in personal injury. He, along with our other skilled lawyers, can provide you with legal advice and representation where needed. Do not hesitate to contact us at (713) 565-1353 to schedule a consultation.