Premises Liability and Insurance

Insurance is critical in premises liability cases. The property owner or other responsible party likely has insurance coverage for the accident that caused your injuries. Even if liability isn’t contested, the insurer won’t make receiving the settlement check you deserve easy.

The insurance company steps into the policyholder’s shoes when liability insurance covers an injured party’s claim. But the insurer works for its shareholders, not you. The best way to have equal footing is by hiring an experienced premises liability lawyer to represent your interests.

What Is Premises Liability?

Premises liability is a legal theory that states property owners are liable for injuries that occur on their property due to unsafe conditions. Premises liability law sets rules for the role insurance plays.

In general, premises liability cases address whether a property owner (or other responsible party) exercised reasonable care to keep visitors safe from hazardous conditions.

A common premises liability case is a slip-and-fall case. This is where a visitor sustains an injury and brings a claim against a business owner for their injuries. Other premises liability cases include:

• Fall accidents in parking lots and stairways due to dangerous conditions such as water or ice and snow
• Wet floors in a grocery store
• Dangerous conditions on personal property
• Injuries sustained from a dog bite caused by an animal known to be aggressive

Visitors may be invitees, licensees, social guests, or trespassers. A visitor’s status determines the duty of care a property owner owes them.

Property owners owe a special duty of care to children. For example, they must protect children from attractive nuisances, such as an unprotected swimming pool.

Types of Insurance for Premises Liability Claims

Several types of insurance coverage may cover your personal injuries or property damage from the premises liability accident. Insurance companies commonly handle claims against homeowners and business property owners.

If your claim proceeds to a lawsuit, the insurance company is often responsible for providing a defense and paying any judgments or settlements. The insurer is only responsible for claims within policy limits.

The particular type of liability policy providing premises liability coverage in your case may include any of the following:

• General liability insurance
• Homeowner’s insurance
• Premises liability insurance
• Commercial property insurance

Regardless of the type of insurance policy, if the provider covers your injury claim, there are similar steps to follow.

Filing an Insurance Claim

When you sustain damages in a premises liability claim, you should take the following steps. This includes filing a claim with the property owner’s insurer. You should:

• Report the incident without delay to the property owner or manager
• Seek immediate medical attention
• Reach out to a premises liability attorney
• Gather relevant evidence to support your claim
• Communicate with the insurance company about your claim
• Working with your lawyer, submit any information necessary to investigate your claim to the insurance adjuster

Like other personal injury cases, you must be able to prove that the property owner (or other responsible party) was liable for your injuries. For coverage, your particular claim must not be subject to a policy exclusion.

Possible Damages in Premises Liability Cases

Assuming your claim is covered, you need compelling evidence that the insurer should pay your claim. The damages you seek may include the following:

• Medical bills and other medical expenses for bodily injury
• Lost wages
• Pain and suffering damages
• Property damage

Compensating the injured party for someone else’s negligence is a primary goal of premises liability law. If your claim is covered, don’t let an insurer’s bath faith tactics stand in the way.

Get Legal Help With Your Premises Liability Claim

If you or a loved one sustained an injury in a premises liability accident, seeking legal help is wise. Negotiating a settlement with an insurer for a claim is complex. You’ll want to protect your interests. Your case may even require a lawsuit to secure the compensation you deserve. You shouldn’t go through this process alone.

A premises liability lawyer can help you present the best case. They’re familiar with insurance company tactics. Such bad faith tactics could include:

• Denying the claim without justification
• Deliberately delaying the claim
• Offering unreasonably low settlement offers
• Misrepresenting coverage
• Failing to timely investigate the claim

Contacting a premises liability attorney is a wise choice. They will often perform a free case evaluation. They can help determine if you have a premises liability lawsuit and how much you might be able to recover in damages.