How is Premise Liability Different From Negligence
When you or a loved one has been injured due to the negligence of another, it is essential that you file the right type of civil claim so that you can get the compensation you seek. A premises liability lawyer can help you determine the right type of claim based on the specifics of your case. These are the main differences between premises liability and negligence claims.
Negligence Claims
When you or a loved one has been injured due to the careless or reckless actions of another, you may be able to file a negligence claim. You must be able to prove these four factors.
- The defendant owed you a duty to act with reasonable care.
- The defendant breached that duty by acting recklessly or carelessly.
- You or your loved one suffered injuries.
- The breached duty of care directly caused the injuries.
You must prove all four elements to be compensated for the injuries.
Premises Liability Claims
A premises liability claim is a type of negligence claim that can be filed when a property owner fails to maintain safe premises and your injuries were directly caused by dangerous conditions or hazards on the property. You must be able to prove these four factors.
- You were a guest or customer on the defendant’s property, and they owed you a duty to maintain a safe premise for all visitors.
- The defendant breached that duty by neglecting to maintain a safe premise.
- You or your loved one were injured.
- The breached duty of care directly caused the injuries.
Rather than allege that the property owner did something to cause your injuries, a premises liability claim alleges that the property owner failed to act and that failure caused your injuries.
Contact a Florida Premises Liability Lawyer
Casas Law in West Palm Beach, FL has experience handling premises liability and negligence claims of all kinds. Fill out a contact form online to schedule a free consultation so you can decide if Casas Law is right for you.
This blog is for educational purposes only, and does not suffice for legal advice. Please contact our attorneys to learn more and to schedule your free consultation.
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