Is Premises Liability the Same as Negligence?

By Staff Reporter Jul 01, 2021 04:23 PM EDT

While premises liability and negligence are pretty similar, they are not precisely the same. These two different cases will require you and your attorney to decide what kind of settlement claim would work to your advantage. This depends on the type of damages you experienced and the injuries you received because of the accident. You can learn more about the difference between negligence and premises liability to help you make a choice.

The Difference Between Premises Liability and Negligence

Negligence and liability are viewed interchangeably because they both result in you getting into an accident because of someone else's carelessness. However, there are some significant differences between the two terms. Negligence is a general term that appears in many types of personal injury cases. On the other hand, premises liability is a subset of personal injury law that deals with accidents on another party's property.

A Case of Premises Liability

When someone is liable for their own property, they are responsible for making an environment safe for visitors. Premises liability stems from a hazardous condition that happens on the premises of the property owner.

This can include any of the following safety risks:

No hazard or warning signs

Wet and slippery walkways

Uneven flooring

Broken staircases

Exposed wires

Toxic chemicals

Wild animals or pests

Potholes

Flooded areas

These are just a few of the issues you may encounter on a poorly managed property. For a personal injury claim, you would have to prove that the property owner has been neglectful. Even though premises liability can be differentiated from a case of negligence, it still falls under this broader term and has to fulfill all four tenets of neglectful behavior.

A Case of Negligence

Negligent behavior is a more vague area and doesn't have to apply to property ownership alone. It can be negligence in the way someone is driving, their service, or even managing their pets. According to lawyer Jason Eslinger, to prove someone has been negligent includes the following:

A Duty Owed to You

The other party must owe a duty of care to you, the plaintiff.

Breach of Duty

Somehow, the other party has breached their duty; this is where negligent behavior comes into play.

The Causation of Injury

The breach of duty has to be the direct cause of any damages inflicted on you. If there is no immediate correlation between the two, your attorney may not be able to establish your case.

Damages as a Result

You would have no case if you did not sustain any damages. You have to explain what injuries you have and if there was any property damage. Otherwise, you won't have a reason to obtain a settlement.

There are many ways in which someone could have been neglectful. For example, their pet may not have been appropriately maintained and bit you. Another cause may be that someone was texting while driving, then crashed into you. Unlike premises liability, neglectful behavior isn't exclusive and can be applied in most situations.

Learn More About Premises Liability and Neglect

With the help of a helpful attorney, you can learn more about the difference between neglect and premises liability. This will help you and your lawyer decide on how to best represent your case.