What Is The Difference Between Premises Liability And Negligence?

If you or a loved one have sustained an injury while you were on somebody else’s property, it may be possible to recover compensation if a property owner’s careless or negligent actions were responsible for the injury. At Soloff & Zervanos, P.C., our Philadelphia premises liability attorneys want to discuss how much of a role “negligence” has in these cases and whether or not you can recover compensation in a premises liability claim.

The difference between these two can be confusing

Premises liability cases can be confusing because you will often hear the term negligence involved. In general, a premises liability claim is going to be considered a type of negligence claim that arises from a condition on the real property and not from the negligent activity on the property. Premises liability law in Pennsylvania deals with instances where somebody is injured due to a hazard on a property owned or maintained by another individual. There are innumerable ways that these claims can arise, but some of the most common premises liability cases involve:

• Slip and fall incident
• Dog bites or attacks
• Theft and assault
• Chemical exposure
• Electrocution
• Near-drowning

When dealing with a claim of negligence, there are typically for elements that need to be in place. Briefly, these are:

• Duty: It needs to be established that a defendant owed a duty of care to the plaintiff.
• Breach: After a duty of care is established, it needs to be shown that the defendant breached their duty.
• Causation: If a breach of care has been established, it needs to be shown that the breach directly caused a plaintiff’s injuries.
• Damages: The plaintiff must have “actual” damages in order to recover compensation for negligence

Premises liability laws often deal with some sort of negligence by a property owner. In general, property owners have a duty to ensure that anyone who has a right to be on their premises is safe. If a property owner knows about or reasonably should have known about the danger, they will breach their duty (or be considered negligent) if they:

• Fail to adequately warn their guests of the condition, and
• Fail to make the condition reasonably safe, and
• The property owner’s breach caused a plaintiff’s injury

Premises liability cases can arise in any number of locations. This includes both privately owned commercial property, government-owned property, as well as private residences.

Let our Philadelphia premises liability attorneys help

If you or somebody you care about sustains an injury caused by the carelessness or negligence of a property owner, seek legal assistance immediately. At Soloff & Zervanos, P.C., our qualified and experienced team is ready to investigate your case so we can secure full compensation for your losses. This includes:

• All medical bills related to the premises incident
• Lost wages if you cannot work while you recover
• Pain and suffering damages
• Loss of personal enjoyment damages
• Possible punitive damages against a grossly negligent property owner

If you need a Philadelphia premises liability attorney, you can contact us for a free consultation by clicking here or calling us at 866-597-8572.