Premises liability is not the same as general liability. General liability refers to any harm done to or on someone’s property. Premises liability applies only in cases where an owner or manager failed to maintain the property, and someone was injured as a result.
If you suffered injuries on another party’s property, you should consider the value of working with a personal injury lawyer. They can explain what compensation options you have when filing a claim.
Defining Premises Liability
Premises liability means that property owners have a responsibility to maintain their property so that visitors do not get hurt. In Pennsylvania, this responsibility applies even if the owner did not specifically invite the person onto their property, as decided in Updyke v. BP Oil Co.
Maintaining a property may include the following:
- Using rock salt to prevent ice from forming on a walkway
- Fixing broken stairs or walkways
- Installing handrails
- Maintaining an area’s landscaping
- Putting up warning signs about potential hazards
- Sealing off dangerous areas
- Promptly addressing spills
By failing to maintain a property, the owner or their property manager puts visitors and employees at risk of suffering injuries.
These injuries may include the following:
- Fractures
- Head injuries/traumatic brain injuries
- Cuts and lacerations
- Internal bleeding
- Burns
If you suffered an injury as a result of a property owner’s negligence, you may have the basis of a civil claim or lawsuit.
For a free legal consultation, call (412) 661-1400
Defining General Liability
Investopedia defines general liability as insurance that will cover many types of personal injury or property damage, so long as they are “caused by the business’s operations, products, or injuries that occur on the business’s premises.”
In other words, general liability is much broader than premises liability. General liability insurance may even cover some premises liability cases. But it also covers, for example, damages caused by an employee error or equipment malfunction.
In short, if damage or injury occurs while the business and its employees are performing their usual services and duties, it may fall under a general liability insurance policy. This is contrasted with premises liability, which may occur anywhere on the property at any time, and may or may not involve interaction with the business’s services or employees.
Getting Compensation After an Accident
If you were injured because of a property owner or manager’s negligence, you may be able to seek compensation.
Compensation is money awarded to an accident victim as restitution for the injury and the related losses they suffered. Financial recovery usually falls into two categories.
First, there are economic damages, which includes things like:
- Lost wages or benefits
- Lost employment
- Medical expenses
- Funeral expenses
Then there are non-economic damages.
Unlike economic damages, which only compensate you for financial losses, non-economic damages may cover things like:
- Reduced quality of life
- Pain and suffering
- Disability
- Disfigurement
Depending on the specifics of your accident and injuries, you may be entitled to other forms of compensation not listed here.
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Fighting for the Compensation You Deserve
You may be able to recover compensation through negotiations with the liable insurance company. For your claim to be successful, you may have to collect evidence, such as medical records and surveillance video, to strengthen your claim. If you are unable to reach a fair settlement deal with the liable insurer, then you may have to file a lawsuit against the at-fault party.
This might sound like a lot of work, especially if you have not fully recovered from your injuries. If you need compensation, but do not understand the legal process, consider hiring legal representation.
A lawyer can fight for your rights by:
- Evaluating your case
- Conducting an investigation
- Filing all paperwork and notifying all liable parties
- Negotiating with the insurance company
- Going to trial, if necessary
Not only will a lawyer do all of the legal work in your case, but many will also charge you nothing upfront. Instead, they will take their fees out of the settlement amount they get for you. If you do not recover compensation, then you do not have to pay their attorney’s fees.
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Call Berger and Green After Being Injured
It is important to understand that premises liability is not the same as general liability. You may find it helpful to speak with an attorney before pursuing compensation for your injuries. Berger and Green represents accident victims in Pittsburgh and the surrounding area, and we want to help you too. Give us a call at (412) 661-1400. We will evaluate your case at no charge, and you owe us no fees unless you get compensated.
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