If you slip and fall on residential property and are considering filing a personal injury claim, you will probably be dealing with the property owner’s homeowners insurance. It’s important to keep in mind that being injured on someone else’s residential property doesn’t automatically entitle you to have the claim covered by the homeowners insurance.
The homeowner will only be liable for your injury if they were negligent, and that negligence was what led to the accident. Negligence related to the accident will have to be shown; again, just because you have an accident in someone’s home does not necessarily mean they were negligent.
These types of accidents often involve slip and falls on stairs. Sometimes this can be the result of negligence, but it could also have been accidental. The distinction is crucial in terms of whether or not the homeowner is liable. While a simple accident is not the homeowner’s fault, the following factors could potentially be the result of negligence: foreign substance on stairs; lack of handrails; poorly built step; and poorly placed carpets or rugs.
Slipping on snow or ice at a residential property is another common cause of accidents. However, liability can be difficult to show here. While in most states homeowners have a duty to make reasonable efforts to remove ice and snow and make sidewalks and walking paths reasonably safe, juries are often reluctant to find liability in these kinds of circumstances. This being the case, claims adjusters are more likely to be stubborn about these claims. If you do have an accident on residential property, make sure you immediately take pictures of the accident scene, your clothes, and any bruises or other signs of injury. Then seek the guidance of an experienced personal injury attorney to help you determine the best path forward.