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  • Writer's pictureRobert Schuerger II

What Is the Difference Between Premises and General Liability? | Legal Questions Answered

In personal injury law, two terms often pop up that can cause confusion: Premises liability and general liability. Understanding the difference between them is important. This article will take a closer look at each of these terms to ensure that claimants and defendants have a working knowledge of what they mean and how they differ.


Understanding Premises Liability

Understanding Premises Liability


Premises liability is a legal notion that holds property owners liable for any injuries sustained on their property as a result of carelessness or dangerous conditions.


It is an area of injury law that focuses on injuries sustained within the bounds of a property. Slips and falls, inadequate security resulting in attacks, and accidents caused by poorly kept buildings are examples of such events.


Proving Premises Liability Claims

In premises liability cases, the burden of proof falls on the claimant. To prove that the property owner is rightfully liable for their injuries, a victim would need to prove four vital elements:


  1. Duty of care. First, the plaintiff must establish that the defendant or company involved owed him or her a duty of care. This means that they had a responsibility to ensure that they were safe while on the property. This might include ensuring a hazard-free walkway or ensuring that a staircase is in good shape to prevent accidents.

  2. Breach of duty. Next, the claimant will need to demonstrate that the property owner failed to ensure safe conditions. This can be done by providing photographs of the area in question.

  3. Causation. A direct link between the accident and the victim's injuries must be clearly established.

  4. Resultant damages. Lastly, the victim will need to show that they suffered real damages, such as injuries and property damage, because of the incident.


Experienced personal injury attorneys from Schuerger Shunnarah Trial Attorneys can help injured parties claim compensation from the business owner who was responsible for the accident.


What Is General Liability Insurance?


General liability is a broad term that refers to the numerous obligations that a company or person may face. It is a comprehensive insurance coverage that protects an individual from injuries, property damage, and legal proceedings that occur during normal business activities.


While premises liability is an aspect of general liability, the latter provides coverage for a broader range of events.


What Does General Liability Insurance Cover?

As mentioned already, general liability coverage offers broader coverage. The following elements are generally covered with this type of insurance:


  • Product liability. General liability coverage provides compensation in the event that the company produces defective products.

  • Damage to property. It also ensures that a business is protected against damage to another person's property.

  • Physical injuries. General liability insurance offers coverage for third-party injuries suffered on a property or as a result of the company's activities.

  • Non-physical injuries. It also covers companies for non-physical injuries, such as defamation of character and false advertising.


The Difference Between Premises Liability and General Liability Insurance


General and premises liability coverage are different in a number of ways. The section below will discuss the important differences between these two terms.


What Is Covered

The first and most important difference between premises liability and general liability insurance is the scope of coverage. Premises liability insurance focuses on accidents and injuries that occur within the boundaries of the business property.


General liability coverage, on the other hand, encompasses other types of injuries and claims in addition to premises liability. Both general and premises liability insurance coverage are suitable for companies, but the latter offers a more restricted coverage. Schuerger Shunnarah Trial Attorneys can also help with questions such as What are the most common premises liability injuries?


Application

While premises liability refers primarily to business owners who have had an incident occur on their property, general liability offers a broader range of applications.


Premises liability in law places an emphasis on maintaining a safe environment for patrons, guests, workers, and more, while general liability has a more comprehensive application and places emphasis on following good work practices in a wide range of scenarios.


Why It's Important for Claimants in a Personal Injury Case to Understand the Difference Between These Two Terms


To successfully navigate their legal surroundings, the plaintiff in a personal injury lawsuit must differentiate between general and premises liability.


Knowing the differences aids in determining who the responsible parties are and grasping the legal requirements that come with each type of liability.


In premises liability claims, the claimants frequently deal with injuries sustained on someone else's property as a result of irresponsible maintenance or dangerous circumstances.


Understanding premises liability is critical for determining property owners' duties and proving negligence, whether it is related to slips and falls, poor security, or hazardous conditions.


General liability, on the other hand, goes beyond property ownership to include a wider range of business-related events. Plaintiffs must determine if the damage is the result of a product that is defective, dangerous company premises, or other business-related issues.


This understanding informs the legal strategy, ensuring that the appropriate individuals or entities are held accountable.


Furthermore, the type of liability might influence the legal factors required for a successful claim, such as demonstrating duty of care, breach of duty, causation, and damages.


Knowledgeable plaintiffs can adjust their legal tactics, obtain adequate proof, and work successfully with a personal injury lawyer to enhance their chances of winning a claim.


How a Personal Injury Attorney Can Help

How a Personal Injury Attorney Can Help


A personal injury sustained in an accident can be life-changing. Victims are often left grappling with health-related concerns, in addition to financial issues that arise as a result of not being able to earn an income.


Hiring a knowledgeable Cincinnati premises liability attorney to help liaise with the defendant and their insurance company can provide some much-needed relief.


Moreover, lawyers understand the difference between premises liability and general liability and can assist victims in devising a suitable legal approach that takes into account the nuances of each. Schuerger Shunnarah Trial Attorneys can also answer questions like What is the cause of action for premises liability?


Schuerger Shunnarah Trial Attorneys Are Here to Help


When navigating the intricacies of premises and general liability claims, it's important for claimants to have a trusted legal advisor on their side. Schuerger Shunnarah Trial Attorneys is ready to go to war for victims and do whatever it takes to secure a favorable outcome.


Those injured in an accident that was the result of someone else's negligence can contact the firm to schedule a free consultation and case review.

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