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Jonathan Rosenfeld

September 6, 2023

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When you have been injured on someone else’s property, they may have a legal obligation to pay you damages if you can prove that they failed to uphold their duty of care. They are often not the ones who actually pay you. Instead, they have a premises liability insurance policy that should compensate you for your injuries.

Read on to find out more about premises liability insurance, how it works, the costs that come with it, as well as the accidents it covers and what you can recover should you file a claim.

Always consider contacting an experienced premises liability attorney to stand up for your legal rights. The attorneys at Rosenfeld Injury Lawyers have a track record of delivering results for our clients. Contact us today to discuss your case. We are standing by and ready to talk to you.

A business owner can be legally responsible when a customer falls

Property Owners Buy Premises Liability Coverage to Protect Themselves

Both homeowners and business owners need premises liability coverage to protect themselves. Homeowners may face liability when someone is injured inside their home, or when they fall on the sidewalk.

A property owner may be liable when someone falls or is injured on their property. For example, a business owner could be legally responsible when a customer falls. They could be made to pay anytime someone is hurt on their property.

Accordingly, property owners pay premiums to an insurance company, so they can take on the risk when someone else is injured.

How Liability Insurance Coverage Works

The type of insurance depends on who has purchased it.

Businesses can purchase general liability insurance for a business property, as opposed to a more specific type of insurance. Premises liability insurance coverage would usually be included in their general liability insurance.

A homeowner would purchase homeowners insurance, which would cover things like slip and fall accidents on their property or dog bites.

Whether it is general liability insurance or homeowners coverage, an injured accident victim would file a claim against the policy.

The insurance company would deal with it the same way that they handle any other type of claim. They will review the evidence that you have in your claim and investigate the accident on their own. Then, they would either deny the claim or make you a settlement offer.

The premises liability insurance company will have the duty to defend their policyholder from the claim. Their lawyers would be the ones who you face off against in court if the claim is denied, or if the insurance company will not offer a large enough settlement.

The Cost of Premises Liability Insurance

Businesses will pay different amounts for premises liability insurance, depending on a number of factors. In general, businesses can obtain up to $1 million in coverage for anywhere between $500 to $1,000 per year.

Businesses should generally err on the side of getting more premises liability insurance than less. They can be responsible for any amount of liability that their insurance company does not cover. If the coverage is inadequate, you can personally go after the business’ assets for the shortfall.

Some Accidents that Premises Liability Insurance Coverage May Encompass

Here are some accidents or incidents that would require you to make a claim against the responsible party’s premises liability insurance coverage:

  • Slip and falls
  • Injuries on a homeowner’s property (children trespassers may still file a claim when there is an attractive nuisance)
  • Escalator accidents
  • Swimming pool accidents
  • Negligent security cases, where you were injured in an attack
  • Patio and deck collapses
  • Parking lot injuries

Depending on the Claim, it May Be Denied at First

There are certain types of claims that insurance companies like to deny. They are always very skeptical about slip and fall accidents. They see many of these claims, and they know that slip and falls are hard to prove.

While the insurer may grant the claim if you have provided compelling evidence, they often like to deny the claim and force you to sue. This is even more true if you try to file a personal injury claim without an attorney.

Property owners get coverage insurance for premises protection

Business Insurance Is Neither Friendly to the Business Owner or the Injured Accident Victim

The one thing that is certain is that the insurance company is going to make your life difficult. No matter which company you are dealing with, they are all unified by one principle—they want to pay you as little as possible for your liability claims. They also do not care much about their business clients, even though the policyholder could be paying them a large amount of premiums.

The common theme is that the insurance company flat out does not care about anything other than its own profits. They want to keep as much of what the business pays them as they can. You are the one who ends up paying the price.

From your standpoint, it means that you will have to fight for every dollar that you get, if you are even offered anything at all. You would need a lawyer who is up to the job of standing up to a big business on your behalf. Our premises liability lawyers are more than capable of taking on big insurance companies.

Filing Premises Liability Claims for Injuries

If your premises liability claim is successful, you would receive the following in damages:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Embarrassment and humiliation
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Property damage

You need to know what your future medical bills are today before you file the claim, so you can be adequately compensated for your injuries. An experienced premises liability attorney can review your case and come up with a number that you can seek in your insurance claim or lawsuit. If you do not know the value of your claim, you could be leaving a significant amount of money on the table.

Contact a Premises Liability Lawyer Today

If you have suffered an injury on the property of another, you may be entitled to financial compensation. The premises liability attorneys at Rosenfeld Injury Lawyers help injured clients with personal injury cases.

We understand the ins and outs of liability insurance coverage and how to deal with the insurer. We are committed to helpi

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

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