Are Premises Liability and Personal Liability the Same?

Man clutches his knee in pain

When most people think about personal liability, they automatically assume that it is the same as premises liability. However, this is not always the case.

Premises liability claims address unsafe conditions on someone’s property, while personal liability refers to an individual’s own actions.

For example, if you are injured in a slip and fall accident at a grocery store, your claim would be based on the store’s negligence in keeping their property safe. On the other hand, if you are involved in a car accident caused by another driver, that driver’s personal liability insurance would likely cover any damages awarded to you.

It is important to understand the difference between these two types of liability, as it can greatly impact your case. If you are unsure whether you have a premises liability or personal liability claim, an experienced attorney can help you determine which one applies to your situation.

Premises Liability

There are many different types of accidents that can occur on someone else’s property. In order to prove that the property owner is liable for your injuries, you must be able to show that a condition on the property created an unreasonable risk of harm, that they were aware or should have been of the dangerous condition and did not take steps to fix it or give adequate warning of the condition. In addition, an entity which controls a property, such as a management company, can be liable even where they do not own it.

For example, if there was a spill in the aisle of a grocery store and no one cleaned it up, the store could be liable if you slipped and fell in that aisle. Similarly, if a property owner knows that there is a hole in their sidewalk but does not fix it, they could be held responsible if someone trips and falls.

Personal Liability

Personal liability claims are different in that they do not necessarily require the same level of proof. Generally, a person may be personally liable for negligence if they fail to use reasonable care to prevent harm to others. A person is negligent if that person does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation.

However, if you are sued for your own negligence, your personal liability insurance may not cover the full amount of damages awarded.

If you have been injured in an accident, it is important to speak with an experienced attorney who can help you understand your rights and options.

Call our Los Angeles attorneys at (866) 634-4525 or contact us online to get in touch with someone from our team about the details of your case right away. We will fight to recover your full and fair compensation.

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