If you are filing a personal injury claim in the Lakeland, Florida area, it’s important to be aware of the differences between general negligence and premises liability. After all, each type of claim has its own requirements and can have a big impact on the outcome of your case.
Below, this negligence lawyer in Lakeland, Florida is going to explore the differences between the two types of claims, giving you the knowledge you need to pursue the right option and receive the compensation you deserve.
Definition
General negligence happens when someone does not take reasonable care and causes harm to another person. General negligence is based on the idea that everyone has a duty to act as a reasonable person would under similar circumstances. If they breach this duty and someone gets hurt, they can be held legally responsible.
For example, if a driver runs a red light and causes an accident, they may be found negligent for not following traffic laws. The injured person can then hire a negligence lawyer in Lakeland, Florida, and file a general negligence claim to get compensation for their injuries.
On the other hand, premises liability involves the responsibility of property owners to keep their premises safe for visitors. If someone gets hurt on the property because of a dangerous condition, they can file a premises liability claim.
A premises liability claim asserts that the property owner did not take reasonable steps to ensure the premises were safe for visitors and to warn them of any known dangers, resulting in the injury. Some examples include slip-and-fall accidents in stores, injuries from falling objects, or accidents from poorly maintained sidewalks.
Key differences
Both general negligence and premises liability hold a party responsible for causing harm. However, there are three critical differences between the two.
Duty of care: In general negligence, the duty of care is based on the actions of a person or organization. In premises liability, the duty of care involves the property owner’s responsibility to keep their premises safe for visitors.
Standard of proof: Premises liability claims usually require more proof than general negligence claims. For example, under F.S. § 768.0755, plaintiffs in slip-and-fall cases must prove that the property owner knew (or should have known) about the danger and still did nothing to fix it.
Types of evidence: In general negligence, evidence shows how the defendant’s actions fell below the standard of care. In premises liability, evidence might include maintenance records, security footage, and witness statements showing that the property owner was aware of the dangerous condition at their premises but did nothing.
Why should you know these differences?
Each type of claim has different legal requirements, and if you file the wrong type of claim, you might not get any compensation. This is why knowing the difference between general negligence and premises liability is crucial.
For example, medical malpractice cases, wrongful death claims, and claims against the government in Florida have different statutes of limitations and notice requirements than general personal injury claims (F.S. § 95.11). If you file the wrong type of claim, your evidence might not meet the necessary burden of proof, and you could lose your case.
Consult a negligence lawyer in Lakeland, Florida
Personal injury claims can be complicated, which is why you should always review your options with an experienced negligence lawyer in Lakeland, Florida. A good lawyer can help you identify the right type of claim you need to file, collect the necessary evidence, and guide you throughout the process to maximize your chances of winning.
Looking for the Top-Rated Negligence Lawyer in Lakeland, Florida?
If you have been injured due to the negligence of another individual, Tonya Stewart Law PA is here to help. As the top-rated negligence lawyer in Lakeland, Florida, Tonya Stewart has experience handling all kinds of negligence claims. Regardless of your situation, we are here to provide dedicated legal representation throughout the process. Contact us at (863) 279-4473 to learn how we can help.