Victims of slip and fall injuries and other types of premises liability claims often wonder how to seek compensation for their injuries. Was the property owner negligent in the accident the same way they would be in a car accident? Or is there another legal concept at play?
The Law Offices of James A. Welcome frequently helps accident victims throughout the greater Waterbury, CT, area navigate premises liability claims and seek compensation. A legal professional from this team explains: is premises liability the same as negligence?
What Is Negligence?
Negligence is the legal concept that is the basis for virtually all personal injury cases. It arises when a person fails to execute reasonable care, leading to another person’s injury or property damage.
Negligence claims usually involve four key elements:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty of care.
- The breach led to an accident.
- The plaintiff’s injuries were directly because of the accident.
People generally owe each other a duty of care to take reasonable measures to prevent harm. For example, drivers owe a duty of care to everyone else on the road. Business owners owe a duty of care to patrons, and property owners owe a duty of care to visitors.
In negligence legal cases, attorneys point to other, similar cases where the court agreed that the defendant owed the plaintiff a duty of care as evidence.
What Is Premises Liability?
Premises liability refers to legal claims that result from unsafe conditions on a person’s property. These claims contain three central elements:
- A hazardous condition existed on a person’s property.
- The property owner reasonably should have been aware of the condition yet did nothing to mitigate it.
- The plaintiff experienced an injury or other type of damage from the hazardous condition.
Proving the second one of the more challenging elements in seeking compensation for premises liability. That’s why working with an experienced attorney throughout the claims process is so vital.
Is Premises Liability the Same as Negligence?
So, is premises liability the same as negligence? Premises liability is a type of negligence claim, and it involves negligence on the property owner’s part. Instead of the property owner being directly negligent in their actions toward the plaintiff, they were negligent in failing to maintain their property.
Premises liability claims arise due to unsafe property conditions rather than negligent behavior. Property owners have a responsibility to maintain their premises to reasonable standards to prevent injuries. When they fail to do so, they are often liable for the injuries that occur, even if they weren’t acting negligently.
Unlike general negligence claims, premises liability claims can vary depending on the type of visitor to the defendant’s property. Property owners owe different levels of care to the following types of visitors:
- Invitees: Someone who comes to the property for business purposes, such as to purchase goods.
- Licensees: Someone who enters the property for social purposes or purposes unrelated to the business.
- Trespassers: Someone who enters the property without direct or indirect permission.
Property owners owe the highest duty of care to invitees, while they generally don’t owe a duty of care to trespassers.
Proceeding With a Premises Liability Claim
Is premises liability the same as negligence? Not exactly, but the processes to hold a liable party accountable are similar in negligence and premises liability cases. The Law Offices of James A. Welcome advises anyone who has suffered an injury on another person’s property to consult an attorney right away to learn their options.
The Law Offices of James A. Welcome provides personal injury and immigration legal services throughout Waterbury and surrounding areas. For more information or to request a consultation, interested parties can call 475-231-4819.