The Difference Between Premises Liability and Negligence

The Difference Between Premises Liability and Negligence

The Difference Between Premises Liability and Negligence 1

If you have recently suffered an injury, you may be considering bringing suit for your damages. The cause of your injury will dictate what kind of argument to make in your case. Two common arguments made in personal injury cases are premises liability and negligence. Below, we discuss the difference between the two.



In a negligence action, a plaintiff will argue that the defendant owed the plaintiff a certain duty of care, that the defendant breached that duty, and that as a result of that breach the plaintiff suffered damages.


Premises Liability

Premises liability claims are negligence claims, but they arise from a condition of real property and not from a negligent activity. Premises liability law deals with situations where an individual is injured by a hazard on property owned or maintained by someone else. The possible liability situations that can arise on a property are endless and involve any nature of claim where it is perceived that the property owner should have prevented the occurrence. The following are the most common premises liability cases:

·         slip and falls

·         dog attacks

·         theft

·         electrocution

·         chemical exposure

·         assaults


Basically, if you were injured because of a dangerous condition on someone’s property, you may have a premises liability case against them.  The law can get a little complicated here, especially if you were trespassing on the land with the dangerous conditions.  To better determine what kind of case you have, it is recommended that you work with an experienced personal injury attorney.

Robert Greening is the principal attorney at Greening Law, P.C. He has dedicated his 24 years of practice to the litigation of wrongful death and serious injury cases. If you have any questions, contact Greening Law, P.C. at 972-934-8900.