What is the Difference Between Premise Liability and Personal Liability?
The terms premise liability and personal liability sound similar and the terms are often used interchangeably though they are different claims. Both claims seek compensation from the responsible party when someone is injured. Correctly identifying the responsible party is crucial to making a claim in order to receive compensation for injuries.
If you or a loved one has been injured, you should speak to a liability lawyer. They can help you determine the right person from whom to seek compensation and whether your claim should be a premises liability or personal liability claim.
Premises liability claims seek compensation for an injury accident that happened at a place or premises. When someone visits another person’s property (for example a home, store, pool) the owner of the premises has a legal responsibility to take reasonable care to ensure that their property is safe. Property owners and managers are expected to check for unsafe conditions, remove hazards, and maintain a safe environment. If any conditions remain unsafe, guests should be informed and told how to proceed safely.
If the property owner neglects to fix, maintain, or repair the property, the property owner could be liable for compensating the injured party. For this type of claim, the injured party has the burden of proving that their accident and injuries could not have been avoided. Notifying guests of potential hazards and placing signs can mitigate the owner’s liability in the event of an accident.
Personal liability claims seek compensation for an injury accident that occurs due to another person’s negligence or failure to use reasonable care. Florida law states that each person has a legal duty to others to act in a reasonably safe manner. They are also required to do whatever they can to prevent others from being harmed. When a person fails to use reasonable care around others, they could be considered negligent and potentially be responsible for compensating the injured party.
Florida is a pure comparative negligence jurisdiction, meaning that each party is liable for his/her percentage of fault. Pure comparative fault allows a person to receive compensation even if they are found to be partially at fault. As an example, a person who is 75% at fault can still recover damages, but only for the 25% for which he/she was not responsible. The most common reason for dismissing these types of claims is failure to property identify the responsible party.
Do not make this mistake, contact Casas Law today and fill out a free case consultation form. Do not let your injuries go uncompensated, let Casas Law be your premises liability lawyer.
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