When a person is injured on someone else’s property, they may be able to seek compensation through legal action. Understanding some basics about premises liability insurance can help an injured person evaluate their options after an injury. This blog post will outline what premises liability insurance is, how it works and important tips that plaintiffs should keep in mind as they navigate this complex area of law.
Premises liability claims are often more complicated than they first appear. An experienced lawyer will advocate for the best outcome and guide you through the process.
Contact Aversa & Linn today for help in evaluating your case and protecting your rights.
What is premises liability insurance?
A “liability” is something that a business is legally responsible for. Premises liability refers to a building owner or landlord’s legal responsibility for injuries that happen on their property due to dangerous conditions. Premises liability insurance is a form of insurance taken out by an individual or organization, to reduce the legal and financial risks of owning real estate or land used for business activities.
If a business is held liable for causing an injury, they will be responsible for making up the loss. Claims resulting from accidents occurring on the insured’s property will be covered by this insurance, including slips and falls, fires, explosions, and mold/contamination. Premises liability insurance also covers court costs, medical expenses, and lost wages of the injured person due to the incident.
How do businesses make a claim on their premises liability policy?
If a person makes a claim alleging an injury or incident occurred on the owner’s property, the owner will typically use their premises liability insurance. Lawyers from the insurance company will handle negotiations and any legal matters that result. If the injured party is awarded compensation, the insurance policy will cover all or most of the cost.
To succeed in a claim, the plaintiff must demonstrate that the business knew or should have known about any potential hazards, failed to address them in a reasonable time frame, and this resulted in an injury. The policy may require the business to notify insurance providers, investigate incidents, and collect evidence before filing a claim.
Tips for plaintiffs when filing a premises liability claim
After suffering an injury, it can be hard to know what to do. If you bring a personal injury claim, you will need evidence to prove that the property owner owed you a duty of care, that they breached that duty by failing to maintain reasonably safe conditions, that this breach caused your injury, and that you suffered damages as a result.
Here are some important steps to take to preserve your best chance of recovering fair compensation for your injuries.
- Document the conditions when the accident happens!
It is extremely important to document the conditions when the accident happens by taking photos or video because conditions can change or be changed quickly. Wet floors can be cleaned up, snow and ice can melt, dangerous conditions can be fixed, which would leave you with no proof.Take photos from different angles of the exact location where the incident occurred.
- Report the incident
After an injury, you should make a report to the manager as soon as possible. Keep a copy of the report (or at the very least take a picture of the report.) For businesses you would make a report to the manager, if it’s on a private property, it’s even more important to speak to an attorney because they can send a notice letter, which would put them on notice about the claim.
- Collect witness information.
If you see anyone who saw the incident, or witnessed the conditions that caused the incident, ask for their contact information. This could include employees working near where the accident happened. Be sure to include their information in the report and note it for yourself. Don’t assume that the business will preserve the information, make sure that you keep a copy.
- Seek medical attention.
If you are seriously injured or have a true emergency, go to an emergency room. The store may offer you an ambulance. Even if you choose not to ride in the ambulance, if you plan to seek medical treatment, be sure to tell the employee who is taking the report.If your injuries do not seem like an emergency, it’s probably best to see your own doctor if you can be seen within a day or two, or go to an urgent care. Don’t delay unnecessarily. If you don’t feel hurt at the time of the accident, but become aware of an injury later, you should contact your doctor as soon as possible. Not all injuries are immediately apparent, but it is very important to have a thorough medical examination as soon as you become aware of the injury.
Last but not least: Contact an attorney.
It may not seem urgent to contact an attorney, but an immediate investigation is vital to the success of your claim. If an attorney can examine the scene close in time to when the accident occurred, you will preserve your best chance at recovering for your injury. Surveillance cameras get taped over, people leave jobs, properties are bought and sold, construction projects complete: conditions change. Your attorney can help ensure that the evidence necessary to prove liability is preserved.
Premises liability claims are often more complicated than they first appear. An experienced lawyer will advocate for the best outcome and guide you through the process. Contact Aversa & Linn today for help in evaluating your case and protecting your rights.
