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What is the Difference Between Premises Liability and Personal Liability?

What is the Difference Between Premises Liability and Personal Liability in NYC?

When you experience injury away from home, it can be confusing to understand the difference between premises and personal liability when filing a claim and pursuing compensation.  Each case, put, depends upon who was responsible for the accident.

Premises liability pertains to injuries or damages which occur on another person’s property or business due to unsafe conditions.  There is an implicit premise in the law that states that property owners, managers, or occupiers must “exercise ordinary care in keeping the premises and approaches safe.”  Failure to do so, resulting in the injury of another, is the responsibility of that same owner, manager, or occupier, leaving them responsible for the expenses relative to the injury.

Premises liability accidents often occur at locations including:

  • Retail stores
  • Grocery stores
  • Shopping malls
  • Big box stores
  • Restaurants
  • Sports venues
  • Private residences

Premises liability claims frequently result from slips and fall on wet floors, wrinkled carpets, cracked sidewalks or pitted parking lots, cluttered walkways, or negligence.  If, for example, you slipped and fell due to water on the floor in the produce department at your local grocery store, any injuries you may suffer are the responsibility of the store due to the store and their employees’ negligence.

It is important to note that property owners and businesses are not always responsible for accidents.  Property owners and employees must be careful to maintain an implied duty of care or they may be held liable for damages due to:

  • Spills, breakages, outages, and hazards on their property
  • Dangerous conditions and endangering situations left unrepaired beyond a reasonable amount of time
  • A failure to post adequate signage warning patrons, customers, and the public at large for perilous conditions under construction or repair
  • A complete lack of due diligence to avoid accidents or damage to others

By contrast, personal liability claims refer to the actions of an individual and pertain to a personal fault.  Whenever someone personally does something negligent that causes harm to another person, the result is a personal liability claim.  This is not to say it is relative to one individual, per se; a person, company, or government agency could be at fault for a personal liability injury.

Additionally, personal liability occurs when someone else’s possession(s) is harmed by the action(s) of another.  For example, to avoid colliding with a bicyclist on the sidewalk, you collide instead with a picket fence, knocking a few pickets out of place.  Although unintentional, you are personally liable to the homeowner for the damage to their fence.

The establishment of both of these forms of liability can be tricky.  Each individual is responsible for exercising carefulness.  Even so, accidents do happen.  When they do, having proper legal representation is vital to a successful compensatory outcome.  In New York, you need to look no further than Daniella Levi & Associates, P.C.

If you were injured, you would likely experience personal and financial losses like:

  • Property damage
  • Medical Bills
  • Medication and after-care services
  • Loss of income & earning ability
  • Diminished enjoyment of life
  • Pain & Suffering

Parsing out whose actions caused your injuries and losses can be lengthy, costly, and extremely confusing.  Insurance companies and fault are murky waters to navigate on your own.

In New York, you can gain clarity and a timely settlement with the help of the legal experts at Daniella Levi & Associates, P.C.

Our qualified staff will provide you with the expertise and experience necessary to establish your case, the circumstances surrounding it successfully, and a winning outcome encompassing all elements of your claim with consideration for now and in your future.  We specialize in both premises and personal injury, and we are prepared to stay the course to win you the compensation you deserve.  Call us today for a free, in-person consultation.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

For all correspondence, please use the Queens office address.

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