Injuries on Real Estate
Injuries which occur on real property are called “premises liability claims”. These types of cases involve some defect or unsafe condition on the property. The law requires a property owner to make their property safe for guests and people coming on the property. A property owner is also required to warn entrants of unsafe conditions which may exist on the property.
Many premises liability claims result from a person slipping or falling due to unsafe conditions. For example, a person may be injured as a result of slipping on an icy sidewalk or stairs. Many cities have codes and ordinances which require a person to clear their sidewalk or walkway of snow and ice within a certain period after snow has fallen. When a pedestrian is injured due to the unsafe condition of a sidewalk or walkway, a property owner may be liable if he fails to comply with the city codes. In these instances the property owner may be liable for injuries occurring on the property.
There are other instances where a property owner is aware of the existence of certain hazard(such as deep holes, exposed electrical wires, construction/renovation, or improperly maintained stars/hand rails). In some cases, a property owner fails to have the property inspected or fails to remain in compliance with applicable building codes. In these instances the property owner may be liable for injuries occurring on the property.
If a person is injured on rental premises, the injured person may have a claim against the person who is renting the property.
It is important to note here that the same insurance policy which provides premises liability coverage will also provide coverage for the careless actions or omissions of the homeowner, business owner or renter for actions which occurred off the insured premises. For example, a golfer carelessly hits a member of his foursome with his club or golf ball. Another example would be carelessly swinging a baseball bate and hitting someone. As a general statement, premises liability insurance will cover injuries sustained by someone due to the careless actions of another person.
Please remember that every claim is governed by a Statute of Limitation. If you believe you have a claim you should contact our office immediately. We can help.