What Role Does a Property Owner’s Insurance Play in a Slip and Fall Case in New Jersey?
Accidents happen, and those who own homes, businesses, and other properties will typically purchase insurance to protect themselves. While property insurance can protect against theft, fires, floods, and other weather-related incidents, it can also protect against injuries that customers and guests suffer while on your property. A common example is a slip and fall.
Common causes of slips and falls include wet or greasy floors, spills, and loose debris. Typical trip hazards include electrical cords, cluttered walkways, uneven flooring, and damaged mats.
In a slip and fall case, a property owner's insurance, which may be homeowners' or commercial liability insurance, plays a crucial role in covering the injured person's damages. If the property owner is found liable for the accident, their insurance coverage can help pay for medical expenses, lost wages, and pain and suffering.
Insurance can protect the property owner from having to pay out-of-pocket for the injured person's damages, which could be substantial.
Homeowner's insurance usually includes liability coverage, which protects the homeowner if someone is injured on their property due to the homeowner's negligence. Some policies also include medical payments coverage, which can help pay for immediate medical expenses for the injured person, regardless of who was at fault. However, keep in mind that homeowners' insurance policies have coverage limits, meaning there's a maximum amount the insurance company will pay out.
Filing a Claim
To file a claim against the property owner’s insurance and recover damages, you'll need to prove that the property owner was negligent in maintaining a safe environment.
You will need to prove the following:
- Duty of care. Property owners have a legal duty to maintain their premises in a reasonably safe condition for visitors. This means they must take steps to prevent or correct hazards or at least warn visitors of potential dangers.
- Breach of duty. A breach occurs when the property owner fails to uphold their duty of care. Examples include failing to clean up spills, repair damaged flooring, or provide adequate lighting.
- Causation means proving that the property owner's breach of duty directly caused your injury. You need to demonstrate a clear link between the hazardous condition and your fall. This can be established through medical records, accident reports, and witness statements.
- Damages refer to the physical, emotional, or financial harm you suffered as a result of the injury. This includes medical expenses, lost wages, pain and suffering, and other related costs.
Contact Us Today
In a slip and fall case, the property owner’s insurance company is the one who will likely be paying the claim. They may come up with reasons to deny your claim.
The New Jersey premises liability attorneys at Leonard Legal Group leave no stone unturned when it comes to discovering evidence for your case. We convincingly prove the causes of accidents so that we can focus on proving the damages you are owed. Contact us via (973) 984-1414 or online here to schedule a consultation.