Slip and Fall Accident Claims Against Homeowners
Homeowners Can Be Held Liable for Slip and Fall Accidents, and In Most Cases Their Insurance Policies Will Cover Victims’ Losses
If you have been injured in a slip and fall accident at someone else’s home, you may be entitled to recover your losses. Homeowners in all 50 states owe legal obligations to their invited guests, and in many states they owe legal obligations to trespassers as well.
However, these legal obligations do not make homeowners automatically liable for injuries sustained in slip and fall accidents. In order to establish a homeowner’s liability, you must be able to prove that he or she was negligent. In other words, the homeowner must have done something (or failed to do something) that caused you to slip and fall.
While homeowners are not liable in all cases, they are liable in many. Likewise, there are many forms of negligence that can support claims for financial compensation. At Oberheiden Law, our premises liability attorneys represent clients in claims against homeowners nationwide, and we have helped numerous victims secure just compensation under homeowners’ insurance policies.
When is a Homeowner Liable for a Slip and Fall Accident?
When can a dangerous property condition be attributed to homeowner negligence? While each state has its own standards, there are many forms of negligence that can cause and contribute to harmful slips and falls. For example, slip and fall accident victims will often be entitled to financial compensation in cases involving:
- Failure to perform routine home maintenance
- Failure to make necessary repairs (i.e. fixing a cracked step or loose handrail)
- Failure to clean up a spill
- Failure to keep pool decks and other potentially-hazardous areas safe for children and adults
- Failure to warn of potential slip and fall hazards
- Failure to adequately treat or remove snow or ice
- Intentionally putting trespassers at risk for injury
FAQs: Seeking Financial Compensation After a Slip and Fall Accident at Someone Else’s Home
Q: If I Fell at a Neighbor’s or Friend’s House, Do I Have to Sue to Recover My Losses?
In most cases, no. Slip and fall accident claims are covered under homeowners’ insurance policies, so recovering compensation for your medical expenses, lost income, pain and suffering, and other losses will most likely involve filing a claim with your neighbor’s or friend’s insurer. While many people are hesitant to file claims when they get injured a neighbor’s or friend’s house, that is what insurance is for, and most neighbors and friends will want you to take advantage of the coverage they have under their policies.
Q: Can I File a Claim if I Fell at a Family Member’s House?
Yes. Even though you are related, from a legal perspective there is nothing different about filing a claim under a family member’s insurance policy versus filing a claim with someone else’s insurer. The financial and non-financial costs of traumatic injuries from slip-and-fall accidents can be substantial, and you should utilize the coverage that is available.
Q: Does Homeowners’ Insurance Cover All of the Costs Associated with Slip and Fall Injuries?
Yes. Homeowners’ insurance provides coverage for the financial and non-financial costs of slip and fall accidents, just as auto insurance provides coverage for the financial and non-financial costs of vehicle collisions. However, this does not mean that the insurance company will calculate what you owe and pay it voluntarily. In order to recover your losses, you will need to hire an experienced premises liability attorney to represent you.
Q: What if the Homeowner’s Insurance Company Denies My Claim?
It is not uncommon for homeowners’ insurance companies to initially deny coverage for slip and fall accidents. If you receive a denial, you should not accept this as the last word in your case. The insurance company may not have all of the facts, or it may have denied your claim in bad faith. In either scenario, an experienced premises liability attorney can help you overcome your claim denial and collect the compensation you deserve.
Q: How Long Do I Have to File a Claim Against the Homeowner?
Statutes of limitations for premises liability claims vary by state, but in most states accident victims have at least a couple of years to assert their legal rights. That said, you should not wait any longer than necessary, and we recommend that you speak with an attorney as soon as possible.
Speak with a Premises Liability Attorney at Oberheiden Law
Don’t let a careless mistake derail your life. If you have been injured in a slip and fall accident, contact Oberheiden Law now so that our attorneys can help you win the compensation you deserve. For a free, no-obligation consultation, call 866-376-4871 or tell us what happened online now.