Whether you’re involved in a premise liability case or a slip and fall case, these types of lawsuits can be strenuous and stressful for the parties involved. While these cases may be similar, they have different elements that are important to be aware of if you’re looking to file or have been summoned as a defendant. Having an attorney who is well-versed in premise liability law and slip and fall cases is imperative to achieve a successful outcome.
What is the difference between premises liability and slip and fall?
It’s not uncommon to wonder what the difference between premise liability and slip and fall is. This is because slip and fall cases are under the umbrella of premise liability law and have their own type of slip and fall negligence as opposed to the standard elements of negligence under premise liability law. It’s important to understand that both types of lawsuits have different elements of negligence.
The elements of a premises liability case include:
- Lawfully being on the property, or if not lawfully on the property, the owner knew the plaintiff was trespassing
- The owner of the property was negligent in handling the unsafe conditions on the property and failed to repair the damage or provide an adequate warning
- The owner’s negligence caused the plaintiff’s injury
The elements of a slip and fall case include:
- The defendant must have caused or created the danger
- The defendant must have known of the danger but failed to remedy the issue or provide warning
- The defendant should have known of the hazard because a “reasonable person” caring for the premises would have taken care of it
To have a successful slip and fall case or premises liability case, it’s necessary to understand these elements and to be able to prove them. Although they may seem similar, understanding the differences and being able to explain your experience to an attorney will help you come out on top in your lawsuit.
What is negligence in relation to premises?
As mentioned above, negligence in relation to premises is the failure of a property owner to act as a “reasonable person” would act in a similar situation. For a premises liability case, the issue of negligence is analyzed by first asking whether the defendant property owner had a legal duty to maintain the property and keep it safe.
What are the elements of negligence?
The four elements of negligence include the following:
- There was a duty owed to the plaintiff by the defendant
- The defendant breached their duty to the plaintiff
- The plaintiff was injured by the defendant’s breach
- The plaintiff suffered damages
Understanding these four main elements of negligence can help you further determine whether you will be successful in a premises liability or slip and fall lawsuit.
What is premises liability versus general liability?
General liability insurance is a way for a business to protect its assets if a person on the property suffers an injury while visiting the location. The costs created by damage or injury are covered by the general liability insurance, making it a good investment for property owners.
General liability insurance covers the costs of many different aspects of the injury, including:
- Property repair or replacement
- Legal costs
- Medical expenses
- Lost wages resulting from the injury
If you’re a business owner and are looking to protect yourself and your business from potential premise liability lawsuits, be sure to speak with an attorney to learn more about general liability insurance.
Related: How Long Do Slip-and-Fall Settlements Take?
Should I hire an attorney?
If you find yourself involved in a slip and fall lawsuit or a premises liability case, you absolutely should seek the assistance of an experienced attorney! The premise liability and slip and fall attorneys at Jack Bernstein, Injury Attorneys are highly trained in premise law and will do their best to ensure you obtain justice in your case. Any Tampa slip and fall attorney at Jack Bernstein will be happy to discuss your case and walk you through the stressful nature of being a party to a lawsuit.
Sources:
Garcia, S. (2023). General Liability Insurance for Your Small Business.
Goguen, D. (2023). Slip and Fall Accidents: Proving Fault.
Ray, D. (2023). What Is a Premises Liability Claim?
Slip and Fall Accident Law. (2023).