When someone sustains an injury on another person’s property, the homeowner’s insurance company is responsible for compensating the injured person if they file a personal injury claim. Here, we’ll discuss how insurers treat certain types of injuries and what to expect from an insurer’s liability coverage.
Whether you were injured on another person’s property or someone was injured on your property, dealing with personal injury claims and insurance companies can be tricky business. Consult a Paterson premises liability attorney to ensure the process goes as smoothly as possible.
Circumstances of the Injury
Most injuries that occur on personal property fall under the realms of negligence, strict liability or acts of intent. Negligence is the most common reason behind injuries and involves accidents resulting from negligence on the part of the homeowner. For example, if you slip and fall at a friend’s house because of standing water on their floor, you need to demonstrate that they failed to uphold their duty of reasonable care. If they are found liable, they are the negligent party and their insurance company should compensate you for your injuries.
Injuries that fall under the realm of strict liability do not require that you prove negligence in order to receive compensation for your injuries. For example, many states maintain a strict liability policy for dog bites, including our very own state of New Jersey. If you live in such a state and your dog bites another person on public property or while they are legally on your private property, you are liable and your insurer is required to compensate them for their injuries.
Finally, injuries that occur on private property that’s the result of an intentional act are generally not covered by homeowner’s insurance policies. Therefore, if you assault someone on your property and they sue you, your homeowner’s policy most likely will not cover these damages.
Insurance Coverage and Liability
If someone is injured on your property under qualifying circumstances, your homeowner’s insurance policy will provide compensation for their damages up to the limits of your policy. Their damages include all expenses associated with their injury including their medical expenses, pain and suffering and lost income.
In the rare case where the total of their damages exceeds your policy amount, your insurer may have an umbrella provision in order to protect you from being responsible for the additional amount. If not, however, you will be responsible for compensating the injured person for the remainder of their damages not covered by your policy.
Consult a Paterson Premises Liability Attorney
If you were injured on another person’s property and need to file a claim to receive compensation, contact a Paterson premises liability attorney at the Law Offices of Peter N. Davis for assistance in filing your claim. Personal injury claims can be tricky, and consulting an experienced attorney ensures that your claim is filed properly. Our team of professionals has been representing injury victims in New Jersey for almost three decades, and we’re here to ensure you get the compensation you deserve.