{"id":65642,"date":"2021-11-17T21:35:11","date_gmt":"2021-11-17T21:35:11","guid":{"rendered":"https:\/\/pdxinjurylaw.com\/?p=65642"},"modified":"2023-01-04T18:58:48","modified_gmt":"2023-01-04T18:58:48","slug":"what-is-the-difference-between-premises-liability-and-negligence","status":"publish","type":"post","link":"https:\/\/pdxinjurylaw.com\/es\/what-is-the-difference-between-premises-liability-and-negligence\/","title":{"rendered":"\u00bfCu\u00e1l es la diferencia entre la responsabilidad del establecimiento y la negligencia?"},"content":{"rendered":"

The legal theory of premises liability is used when someone becomes injured due to unsafe or defective conditions on someone else\u2019s property. Sometimes people confuse the legal concept of premises liability with negligence. Premises liability is one type of negligence. In premises liability lawsuits, property owners are accused of acting negligently by failing to keep their properties reasonably safe.<\/p>\n

Succeeding in a Premises Liability Lawsuit<\/b><\/h3>\n

In a personal injury lawsuit, the person bringing the lawsuit against the property owner is called the plaintiff, and the property owner is the defendant. To win in a premises liability lawsuit, the injured person needs to prove that dangerous conditions on the property caused their injuries. The plaintiff will also need to prove that the dangerous conditions were present because the property owner was negligent regarding the maintenance and ownership of their property. In other words, the plaintiff needs to prove that the property owner acted negligently by failing to use reasonable care under the circumstances in connection with their property.<\/p>\n

Just because a person becomes injured on someone else\u2019s property does not always mean that the property owner is liable to pay for those injuries. Plaintiffs can only recover compensation in a premises liability lawsuit when the property owner was negligent or at fault. Property owners are not automatically liable for injuries on their property, even when the injury happened because of an unsafe condition on their property. Instead, the plaintiff needs to show that the property owner knew or should have known that the premises were in a dangerous condition and that they failed to take the proper steps to fix this dangerous condition.<\/p>\n

The Duty of Care in Premises Liability Lawsuits<\/b><\/h3>\n

Suppose you are involved in a premises liability lawsuit. In that case, you may hear the phrase \u201cduty of care.\u201d In Oregon, property owners have a duty of care to make sure that their property is in a safe condition for those who enter their property. There are different types of duty of care to two different types of people who come onto the property. For example, a property owner does not owe as stringent of a duty of care to a trespasser as to someone they invite on their property. Property owners owe the highest duty of care to people they welcome onto their property.<\/p>\n

Invitees are people who the property owner has invited onto their property. If the property is a commercial business, invitees include customers and employees welcome onto the property. In a person\u2019s home, invite to you would be family or friends that the owner has invited into the home. Landowners have the highest duty of care to invitees.<\/p>\n

Licensees are people who have the landowner\u2019s permission to enter the property but are going about their own purposes. An example of a licensee could be a mail delivery person, a salesperson, or a lawn care provider. Licensees are not disallowed from entering the property, but they have not been invited into the property like a friend or customer. The last category of people are trespassers who do not have permission to be on the landowner\u2019s property. Property owners owe trespassers the least amount of reasonable care. However, in some cases, landowners can still be held liable for injuries a trespasser suffers due to hazardous conditions on the landowner\u2019s property.<\/p>\n

Common Types of Premises Liability Cases<\/b><\/h3>\n

Many different types of injuries can occur on another person\u2019s property. As a result, there are many kinds of premises liability lawsuits. All of these lawsuits involved a landowner allegedly acting negligently, resulting in a person\u2019s injuries. Some of the most common types of negligence-based premises liability lawsuits include the following:<\/p>\n