Most people often confuse premise liability with personal liability. While there are similarities, the main difference between the two is that premise liability is a category for negligence claims in personal injury law, while personal liability is the legal responsibility upheld when an individual is responsible for their actions that directly harmed another person.
If you are considering filing a lawsuit, it is important to understand the differences between the two. If you find yourself unsure of what case you have, please do not hesitate to reach out to one of our personal injury attorneys at Maison Law.
Understanding Personal Liability
Personal liability refers to the process of individuals taking legal responsibility for accidents that happen as a result of a careless action. If bodily injury or property damage occurs as a result of a careless action, that person can be held responsible for damages. For example, if a driver runs a red light and hits you. The driver can be held personally liable for your medical bills, property damage, and emotional pain and suffering you’ve had to undergo due to their carelessness, which caused the accident.
Personal liability is generally included in most auto and homeowner’s insurance policies. Auto insurance specifically includes bodily injury liability and property damage liability due to how common vehicle accidents are in California. In fact, according to the California Highway Patrol, there were nearly 150,000 crashes with severe injuries in California in 2022 alone. Personal liability coverage is meant to protect people in situations where their careless actions cause harm to others. However, liability insurance does not cover situations where a person actively seeks to injure others intentionally.
What is Considered a Premise Liability in California?
In California, premise liability occurs when an owner fails to maintain their property or warn of a known danger, causing someone to sustain injuries. In this case, the owner can be held responsible for the victim’s economic and non-economic damages. These damages include:
- Medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
Under California Civil Code 1714, property owners are responsible for keeping their property free of hazardous conditions by performing routine inspections. They are required to repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe. Property owners who fail to repair dangerous conditions, or warn them, can be served with a premise liability lawsuit if someone gets injured as a direct result of their carelessness. For example, if a hotel owner fails to repair an uneven step or place warning signage around it, highlighting the danger, they can be liable for injuries to guests who trip and fall on an uneven step.
How Can a Premises Liability Lawyer Help Me?
Finding the liable party can be tricky, which is why it is recommended to seek the counsel of a premises liability lawyer. Common liable parties for premise liabilities include:
- A property owner
- A business owner
- The government
- A contractor or subcontractor
A lawyer will file a lawsuit against all liable parties on your behalf as well as assist you with the following:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your right to fair compensation
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
Contact a Personal Injury Lawyer in California
If you or a loved one has sustained injuries as a result of a premises or personal liability accident, the skilled attorneys at Maison Law will help you recover full compensation for your damages. Navigating the legal complexities of liability law can be a nightmare for you and your family, but it doesn’t have to be. For experienced legal counsel, contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services, and we won’t charge you a dime unless we win your case.
