What is the Difference Between Premises Liability and Personal Liability?

The difference between premises liability and personal liability relates to an injury’s source. In a premises liability case, a property owner is liable for an injury that occurs on their grounds. 

Alternatively, in a personal liability case, a party causes a person to get hurt through negligence or other means. To learn more, schedule a free consultation with a Rhode Island premises liability lawyer. 

How a Premises Liability Case Works

If you get hurt on someone else’s property, the owner may be liable. For example, a property owner ignores a hazard on their premises, and you trip, fall, and get hurt as a result of it. In this situation, you could hold the property owner accountable. 

You could request compensation via an insurance claim. However, an insurance company is likely to advocate for its client over you. The business could offer a lowball settlement or dispute your claim in the hopes you give up on it altogether. 

In lieu of an insurance claim, you could file a premises liability lawsuit. At Gemma Law, we can connect you with a Rhode Island personal injury lawyer who can give your case the attention it deserves. Discuss your case with us, and we can determine if now is the right time for you to submit a premises liability lawsuit. 

What to Expect with a Personal Liability Claim

With a personal liability case, you request damages from a party who caused you to get hurt. There are many types of personal liability claims, and the damages you request depend on the facts of your case. Reasons why an individual may file a personal liability claim include:

• Car accident
• Motorcycle accident
• Truck accident
• Dog bite

If you want to learn more about the differences between premises liability and personal liability claims, consult with a lawyer. Your attorney can provide FAQs relating to both types of cases. They can help you seek damages in accordance with Rhode Island’s statute of limitations. 

How Much Time You Have to Submit a Premises Liability or Personal Liability Claim

There are differences between personal liability and premises liability claims, but these do not apply to the time in which you are allowed to request damages. Per Rhode Island General Laws § 9-1-14, you may have up to three years from the date of an injury to sue any liable parties. After this time frame closes, you may be solely responsible for your injury-related losses. 

If you are considering a premises or personal liability lawsuit, ask a lawyer for help. An attorney can examine your case and explain your legal options. If you want to move forward with a lawsuit, your lawyer can take legal action on your behalf. 

Even if you file a lawsuit, you could get compensation without having to bring your case to court. For instance, a liable party could offer a fair settlement, which you approve before your trial date. Your lawyer can provide insights into how much your case is worth and advise you on whether it is in your best interests to approve a settlement offer. 

Damages You Can Recover in Your Case

As far as personal liability vs premises liability damages go, you may be eligible to get economic and non-economic compensation. Your lawyer can calculate your quantifiable and subjective losses. Here are some of the damages you could receive:

• Medical bills
• Lost wages
• Pain and suffering
• Loss of enjoyment

Your lawyer can answer common questions about personal injury cases and help you make informed decisions throughout your litigation. They will look for ways to build a compelling argument. As part of their efforts, they will search for a wide range of evidence to support your case. 

Evidence You Can Use in Your Case

Your proof plays an important role, regardless of the differences between premises liability and personal liability cases. If you have plenty of evidence, you could compel a judge or jury to award maximum damages. Proof you can use in your case includes:

• Photos and videos of an accident scene
• Medical records
• Pay stubs
• Witness statements

Your evidence should show that you are in no way liable for your injury. It can prove a property owner or another at-fault party was negligent, which caused you to get hurt. Along with this, your proof may help you dispute a defendant’s claims against you. 

How Comparative Negligence Applies to Premises Liability and Personal Liability Cases

If you get hurt on someone else’s property or anywhere else and try to recover damages, expect a legal battle. The defendant in your case could claim you are partly responsible for your injury. Based on Rhode Island’s comparative negligence statute, they could make it difficult to get 100% of the damages you are requesting. 

According to Rhode Island General Laws § 9-20-4, comparative negligence applies to cases involving an injury. If you are hurt and sue for damages, the defendant could claim you are partially liable. A judge or jury may rule this is the case, which may allow you to recover only a fraction of the damages you initially sought. 

For example, a judge or jury says you are 20% liable for an injury you suffered on someone else’s property. If this occurs, the defendant in your case may be ordered to pay 80% of your damages. With comparative negligence, you can be found up to 99% at fault and have your damages reduced by your percentage of blame. 

Work with a Lawyer Who Fights Hard to Get You the Compensation You Want

Gemma Law Associates has an overall Google rating score of 4.9 out of 5, thanks in part to our commitment to our clientele. 

Our legal team goes the extra mile to help our clients in premises and personal liability cases. Request a free consultation with us.