Slip and fall accidents can take place essentially anywhere, such as a public sidewalk, a retail store, or someone else’s house. If you have an accident while visiting a friend, relative, or neighbor, one of the first questions to ask is if the person has homeowner’s insurance. Most homeowners do carry this type of insurance, especially if they have a mortgage.
In case you ever slip and fall in someone else’s home, here’s what you should know about homeowner’s insurance and making a claim.
Does Homeowner’s Insurance Cover Slip and Fall?
There are many different situations when homeowner’s insurance may cover a slip and fall accident. Some of the most common accidents in a home include falling down stairs, tripping over a rug, and slipping on ice and snow on the home’s sidewalk or driveway. Cracked sidewalks, broken flooring, and weather conditions are all common causes of residential injuries that can be pursued through homeowner’s insurance.
Reporting Your Injury
Regardless of how severe the accident is, it is important to report your injuries to the homeowner’s insurance company as soon as possible. This helps your claim seem more legitimate and gets the process of recovering damages moving along faster.
Slip and Fall Statute of Limitations
Slip and fall cases in a home have a statute of limitations in New York that is approximately three years. This means that you only have three years from the accident date to file a lawsuit in a New York court.
Proving Negligence and Slip and Fall Homeowner’s Insurance
Just because you fell in someone else’s home doesn’t mean that you have a claim against the homeowner that you can legally pursue. To go through homeowner’s insurance, the homeowner must be negligent, which means that he or she had knowledge or should have had knowledge of the danger and done something to make household conditions safer.
Med Pay Payments
Medical payment coverage (often called “med pay”) pays some of person’s medical bills after an injury regardless of whether the homeowner was negligent. This coverage is often in the $5,000 to $10,000 range. This money must be used for medical bills and requires submitting bills to an insurance adjuster to be paid up to the coverage limit.
Get Help with Your Slip and Fall Case
Residential property slip and fall cases can be tricky, especially if you have a personal relationship with the negligent homeowner. Some homeowners will resist reporting claims to their insurer so that their coverage doesn’t increase in price or get cancelled by the insurer. Therefore, it may even be necessary to file a lawsuit against a homeowner to find out if homeowner’s insurance exists and can be pursued.
At the Law Office of Jeffrey K. Kestenbaum, we can help you with all these things and much more if you are facing a slip and fall homeowner’s insurance situation. Our local Brooklyn slip and fall legal team is ready to hear the details of your accident and provide a free consultation. Contact us online or by phone at 717-237-5586.