What is the difference between premises liability and general liability?

General and premise liability have some similar underlying concepts, but if you’ve been injured on someone else’s property, it would be beneficial to understand their differences.

meeting with a premises liability attorney

Overall, general liability refers to a more-broad category of law that typically relates to the actions of the negligent person, while premise liability involves a property owner or occupant’s specific duty of care to address, remove, or warn about hazards.

In personal injury claims, general liability refers to any case where an injury was caused by someone’s negligence, and premises liability refers to cases where an owner (or occupant or manager, in certain cases) neglected to uphold their duty of care and someone was injured due to the condition of the property.

If you’ve fallen victim to injury due to another’s negligence and are unsure about the next steps that you should take, consider finding an experienced personal injury attorney in Tampa who can advocate for your best interest throughout the case, whether it’s a premises liability case, a car accident case, or any other type of injury scenario.

Examples of General Liability Cases

General liability broadly covers situations involving a breach in a party’s duty of care, including on their own property. Examples include:

Slip and Fall: Jennifer went to the grocery store to find some apples for her family’s apple pie that night, and she was running late. While rushing through the store trying to find the apples, she slipped on a stray banana peel. Because it is the store’s responsibility to provide a safe shopping environment, Jennifer was able to sue for her medical bills.
Employee Driver Accident: Max’s Movers hires a driver to haul boxes for a customer, and the driver runs a red light, injuring Paul. Max’s Movers is liable for any injuries caused by their employee’s negligence, so their liability policy could provide Paul with compensation.
Property Damage Lawsuit: A new homeowner hired a contractor and their team to install a new bathroom sink. Unfortunately, someone on their job site forgot to shut off the water which led to the house flooding with water. The homeowner may be able to sue to pay for the damages caused.

Examples of Premises Liability Cases

Premises liability cases occur when a property owner fails to uphold a duty of care and a guest or visitor is harmed by unsafe conditions.

Swimming Pool Accident: Billy and his wife were having friends over when their friend’s child was hurt on a broken step of the pool and needed medical care. Billy may be held liable for the cost of the child’s medical bills.
Amusement Park Accident: Sally went to the amusement park with her friends, and while they were so excited to get on the next ride that when it was their turn, they got stuck at the top of a very large drop. The maintenance team ended up having to escort all of the riders down the emergency stairs when Sally twisted her ankle on the way down. She ended up suing for the cost of her ankle care along with emotional distress from the whole situation.
Failure to Warn About a Hazardous Condition: When Suzy and her elderly mother visited a restaurant, they did not realize that there was a large gap in between the front door and the sidewalk outside. Suzy’s mother tripped, fracturing her leg. Because the restaurant failed to warn visitors about the gap, such as by posting a sign or covering the step in visible tape, the business owner may be liable for Suzy’s mom’s medical bills.

What You Should Do If You Were Injured On Someone Else’s Property

A personal injury accident is certainly an overwhelming experience, but there is a basic procedure to follow to protect your legal rights in case you wish to pursue compensation:

Seek Medical Attention: Even if you think you have minor injuries, seeing a doctor is an important step to determine their severity. Receive a formal diagnosis, and follow all instructions. If your doctor insists on additional care like physical therapy or scheduled checkups, do not skip out! Failing to care for your injuries can be a bad decision for your personal injury case, as the insurance company can say that you made your own injuries worse.
Be Cautious When Talking About Your Accident: The other party’s legal counsel or insurance company may attempt to reach out to you for a statement, and you are allowed to decline. In fact, avoiding any direct contact with their insurance adjusters and lawyers will be in your best interest. Instead, your lawyer can speak on your behalf. It may also be keen to note that if you post about the incident on social media, it is public for the other party’s counsel to use as evidence against you.
Keep Notes And Photos: You may be asked to talk about the details of your case many, many times, and keeping a detailed account of your perspective can help you document the stages of your personal injury in a more organized way. Photos are also great evidence to keep for your case to prove the severity of the accident and any injuries.

Types Of Compensation Commonly Available

There are a few types of losses that you can receive compensation for, depending on the specifics of your accident. If you are unsure about what categories of compensation you qualify to try and collect, ask an attorney!

The most common types of compensation to be collected in a personal injury case:

Medical Bills
Lost Wages
Future Treatment Costs
Pain And Suffering
Property Damage

Find A Personal Injury Attorney In Tampa

You don’t have to endure the overwhelming process of personal injury litigation alone. There are experienced personal injury attorneys in Tampa that are excited about helping Floridians like you. Our team at Darrigo & Diaz has over 20 years of experience under our belt providing the best of service to our local community. We are proud to serve you.