Premises Liability vs. Personal Liability
If you are injured as a result of the negligence or breach of duty of another person or entity, you have the right to bring a claim against them and recover damages. Depending on the circumstances, the claim can be based on the legal theory of premises liability or personal liability.
Here’s a look at the differences between these two types of common civil lawsuits:
Premises Liability
Premises liability is a legal concept under which the owner of a property can be held liable for any injury caused to another person due to a defective or hazardous condition on their property. This is because as the owner of the property, they owe a duty of care towards anyone who might visit their property under their explicit consent or implied consent. So, they are required to maintain their property and ensure it is free of potential hazards that could pose a risk to the safety of visitors.
Under the concept of premises liability, property owners owe a duty of care to the following categories of people who might visit their property.
- Invitees – People who visit the property for commercial purposes or people who are invited to the property by the owner.
- Licensees – People who visit the property for non-commercial purposes under the express or implied consent of the owner.
The most common examples of defective conditions that can lead to accidents include:
- Accumulation of snow and ice
- Slippery floors
- Uneven floors
- Torn rugs
- Potholes
- Water leaks
- Defective staircases, floorboards, elevators, and escalators
- Inadequate lighting
- Lack of security
- Aggressive dogs that are not kept on a leash
The concept of premises liability is applicable to private as well as public properties in New York. If you are injured on a private property, you can sue the person who owns the property or the person who is in charge of maintaining the property. If you are injured on a government property, you can sue the government agency responsible for maintaining the property.
Personal Liability
Personal liability is a legal concept under which every person has a duty of care to act responsibly and not cause harm – either directly or indirectly – to others. If a person fails to do so, and if another person gets injured as a result, they can be held responsible for the resulting injuries and other losses.
The most common examples of accidents where the concept of personal liability can be applicable include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Construction site accidents
- Medical malpractice
- Other accidents that are caused by the negligence of an individual or an organization
Damages You Can Recover in a New York Personal Injury Claim
Regardless of whether your claim is based on the concept of personal liability or premises liability, you might be able to recover the following damages.
- Medical expenses
- Cost of future medical treatment
- Rehabilitation expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Legal Advice is Here from a Seasoned New York Personal Injury Attorney
If you or any of your family members have been injured due to someone else’s negligence, the personal injury attorneys at the Law Offices of Michael S. Lamonsoff are ready to fight for you.
Our attorneys have over 100 years of combined experience in handling personal injury claims and are known for their exceptional legal knowledge and aggressive negotiation skills. Our founder – Michael S. Lamonsoff – is a top-rated, award-winning civil litigator who is known as ‘The Bull’ due to his ability to fight relentlessly for his clients’ rights.
To find out how we can help you get the damages you deserve, call us today at 212-962-1020 or get in touch with us online and schedule a free consultation with one of our New York personal injury attorneys.