Cherry Hill Personal Injury Attorney Explains Whether Premises Liability Is the Same as Negligence
People who suffered an injury on someone else's property in Cherry Hill, NJ, often ask, "Do I have a negligence case? Is premises liability the same as negligence?"
The answer to the second question is, "Not precisely." The lawyers of Law Offices of Eric A. Shore, P.C., explain the relationship between premises liability and negligence.
Negligence Plays a Key Role in Personal Injury Claims
While premises liability claims require proving negligence, the latter is also a main element in many other types of personal injury cases. In other words, premises liability is a sub-type of negligence claims.
Negligence applies whenever the defendant fails in their duty to act with reasonable care, and this lack of care causes the victim's injuries and other damages. Car accidents, medical malpractice, animal bites, and many other personal injury cases may be unrelated to premises liability but still involve negligence.
How Premises Liability Works in NJ
Is premises liability the same as negligence? Here's premises liability in a nutshell: property owners must keep their premises safe. Violating this duty could serve as grounds for premises liability claims.
For instance, let's say a customer trips and falls over a pothole in a store's parking lot. This fall leads to a broken leg and hefty medical bills. The pothole has been present for some time, and it's obvious that the store personnel must have noticed the hazard and could have fixed it.
In this case, the injured customer may file a premises liability claim against the store owner. The compensation would likely cover the victim's medical bills, lost wages, and pain and suffering.
Premises Liability May Not Cover Trespassers
Premises liability generally applies to people present on the property lawfully. This includes customers, patients, and visitors. However, trespassers and burglars usually wouldn't be able to sue for damages under premises liability.
Children are one important exception to this rule. Property owners must take reasonable care to avoid preventable accidents, even if a child enters the premises without permission. One example is making sure to keep swimming pools covered.
What Should People Do After Suffering an Injury in Cherry Hill, NJ?
Accident victims need reliable legal help no matter where their injury occurred, often due to misconceptions about personal injury lawsuits. The injured person has a much better chance to win compensation when working with a reputable law firm like the Law Offices of Eric A. Shore, P.C. The firm's lawyers offer over 100 years of combined experience to assist with your case.
For answers to questions beyond, "Is premises liability the same as negligence?" or to consult an experienced personal injury lawyer, contact the Law Offices of Eric A. Shore, P.C.
