Slip and Fall Injury Claims
Slip and Fall Injury Claims Paid by Homeowners Insurance
If you have been hurt on someone else’s property, you may be wondering who will pay the costs of your medical bills. In many cases, it will be possible to recover those costs from the property owner’s homeowners insurance or business insurance.
In the State of New York, land owners and others in control of a property owe a duty of reasonable care to everyone who lawfully enters onto that land. This means that everyone is owed the same level of care in New York whether they are on a property for business or pleasure. Many states use different standards depending on the reason people entered the property. While New York only has one standard, it applies differently in different cases.
It can be difficult to determine what “reasonable care” means in any given situation — how quickly should a homeowner be expected to repair a cracked sidewalk or how much money should a store invest in security for its parking lot? What is clear is that homeowners are found to be negligent in many cases when they could have done something to prevent an injury.
Once it is determined that a homeowner or another property owner is responsible for you injuries, you may be awarded damages in court or you may receive a settlement through negotiation. Most homeowners don’t have large sums of cash stored up in case they have to pay for someone’s injuries. Even businesses generally don’t have a fund set aside to pay for your surgeries and your pain and suffering.
That’s where homeowner’s insurance comes in. In fact, in many cases, your Buffalo slip and fall lawyer will be working directly with an insurance company to get you the compensation you deserve. You or your attorney should always report your injury to the insurance company quickly. If the homeowner won’t give you their insurance information, you can bring them to court to force them to.
Procedures are generally similar when dealing with businesses. Most businesses carry liability insurance or commercial general liability insurance to protect them in case someone is injured in their store or on a sidewalk outside.
In many cases, the insurance company will pay your medical bills without the need for a lawsuit. However, if your injuries are more serious, the insurer is likely to try to avoid paying the full claim. In these cases, your attorney will help you pursue compensation from both the homeowner and the insurance company in court.
If you or a loved one has suffered a slip and fall injury in the Buffalo area, the premises liability attorneys at the law firm of Pusatier, Sherman, Abbott & Sugarman, LLP can help. Schedule a free initial consultation by calling 716-262-9600 or contacting us online.