Homeowner’s Insurance Covers Slips, Falls and Other Premises-Related Accidents in Ohio
If you were injured at someone else’s home in Ohio, you may have grounds to seek compensation for your medical bills and other losses. Seeking compensation in this scenario typically involves dealing with the homeowner’s insurance company. Homeowner’s insurance covers slips, falls, and other premises-related accidents, and you can hire a Columbus personal injury lawyer to handle your insurance claim at no out-of-pocket cost.
Slips, falls and other premises-related accidents are common causes of traumatic injuries. While these accidents can happen anywhere, they frequently happen at someone’s home.
If you were injured in a premises-related accident at someone else’s home, you may have grounds to file a premises liability claim under Ohio law. Filing a premises liability claim allows you to seek compensation for your medical bills, lost earnings, pain and suffering, and other financial and non-financial losses—and, in most cases, this does not mean filing a claim against the homeowner directly.
When Homeowners’ Insurance Covers Premises-Related Accidents
Instead, seeking compensation for an accident at someone else’s home in Ohio usually involves dealing with the homeowner’s insurance company. Homeowners’ insurance policies commonly include liability coverage that specifically applies in this scenario. If the homeowner has liability coverage and is legally responsible for the accident, you have the right to file an insurance claim and hold the insurance company accountable for the coverage it has agreed to provide under the homeowner’s policy.
So, when can (and should) you file a liability claim under a homeowner’s insurance policy? Some examples of common premises-related accidents covered under homeowners’ insurance include:
- Slip-and-fall accidents
- Trip-and-fall accidents
- Swimming pool accidents
- Dog bites and other animal attacks
- Accidents caused by inadequate maintenance or hazardous property conditions
Filing a claim will require proof that the homeowner is legally responsible for what happened. If you accidentally injured yourself due to no fault of the homeowner, the simple fact that you were at someone else’s home when you got injured does not mean that you have a liability claim. If you suspect that the homeowner may be at fault, you should consult with an experienced Columbus personal injury lawyer promptly. After learning about what happened, your lawyer will be able to explain your legal options and then help you make informed decisions about what to do next.
Filing a Homeowners’ Insurance Claim After an Accident in Ohio
If you have grounds to file a homeowners’ insurance claim related to your accident, it will be up to you to prove your legal rights. The insurance company will be focused on minimizing its liability (and avoiding liability entirely if possible), so you need to be prepared to fight for the financial compensation you deserve.
With this in mind, some of the key steps in the process include:
1. Preserving Any Relevant Evidence at the Home
To establish liability, it will be important to preserve any evidence at the home. The specific evidence needed will depend on the nature of your accident and the specific circumstances involved. Your lawyer will be able to determine what evidence needs to be preserved and assist with preserving it so it can be used during your claim.
2. Preserving Any Other Evidence that is Available
Along with evidence at the home, various other forms of evidence may be available as well. For example, if you (or anyone else) took photos or videos, these could serve as key evidence of liability when dealing with the homeowner’s insurance company. Likewise, if anyone posted about the accident on social media, your lawyer may be able to use their posts to help establish your claim for financial compensation.
3. Documenting Your Injuries and Medical Expenses
In addition to proving the cause of the accident, you will also need to prove its effects. This starts with documenting your injuries and medical expenses. As you work through the recovery process, you should keep copies of your medical records and medical bills, and copies of your receipts if you pay for any prescriptions or medical supplies out-of-pocket.
4. Documenting the Other Costs of the Accident
If you have a premises liability claim under Ohio law, you are entitled to compensation for all of your other costs resulting from the accident. This includes your lost earnings if you miss time from work, and it also includes non-financial costs such as pain, suffering, emotional trauma, and post-traumatic stress. Compensation for these costs can be significant, so it will be important to work closely with your lawyer to make sure you are seeking the full compensation you deserve.
5. Establishing Liability and Negotiating for a Fair Settlement
Once you have the evidence you need, the next step is establishing liability with the homeowner’s insurance company. If the insurance company accepts liability based on the evidence you provide, the focus will then shift to determining how much you will recover. If the insurance company makes a settlement offer, your lawyer can help you decide whether to accept it or keep fighting for more.
What to Expect from the Homeowner’s Insurance Company
As we said above, when you have a premises liability claim, it is up to you to prove that you are entitled to coverage. Even if there is no question that you have a valid insurance claim, you can still expect the homeowner’s insurance company to put up a fight. Some common insurance defense tactics in this scenario include:
- Arguing that the Evidence Does Not Establish Liability – Insurance companies routinely try to avoid paying for premises-related accidents by arguing that the available evidence is insufficient to establish liability.
- Blaming Victims for Their Own Injuries – Under Ohio law, if an accident victim is primarily responsible for his or her own injuries, this can serve as grounds to deny liability for a premises-related accident.
- Disputing the Homeowner’s Coverage – In some cases, homeowners’ insurance companies will also try to avoid liability by arguing that an accident is not covered under the terms of the homeowner’s policy.
- Offering Unreasonably Low Settlements – The insurance companies know that dealing with accident-related injuries can cause financial and psychological stress, and they will often use this to try to get accident victims to accept unreasonably low settlements.
- Creating Roadblocks and Delaying the Process – Creating unnecessary roadblocks and delays is a common insurance defense tactic. Here too, the insurance companies’ goal is to get victims to settle for less than they deserve.
While these are all potential challenges you may face during your insurance claim, you can rely on your Columbus personal injury lawyer to handle them on your behalf. An experienced personal injury lawyer will be familiar with the insurance companies’ defense tactics and will be able to use their experience to help make sure the homeowner’s insurance company does not take advantage of you.
FAQs: Filing an Insurance Claim After an Accident at Someone Else’s Home
Does homeowners’ insurance cover slips, trips and falls?
Yes, generally speaking, homeowners’ insurance covers slips, trips, falls and other premises-related accidents. As a result, if you have been injured at someone else’s home in Ohio, seeking compensation for your medical bills and other costs will most likely involve filing an insurance claim.
Will the homeowner’s insurance premium go up if I file a claim?
The homeowner’s insurance premium may go up if you file an insurance claim. However, the homeowner’s premium increase will pale in comparison to your financial and non-financial losses if you are recovering from a serious traumatic injury. If you were injured at the home of a friend, neighbor, or family member, it is important to keep in mind that this is what insurance coverage is for—and your friend, neighbor, or family member will almost certainly want you to use the coverage they have available.
What if the homeowner tries to deny responsibility for the accident?
If the homeowner tries to deny responsibility for your accident, you may have various options for proving that you are entitled to coverage. Once you hire an experienced Columbus personal injury lawyer to represent you, your lawyer will be able to get to work gathering the evidence needed to prove your legal rights. With that said, if you have photos, videos, or any other potential evidence in your possession, you should keep it as well.
Request a Free Consultation with a Columbus Personal Injury Lawyer at Malek & Malek Law Firm
Were you injured in an accident at someone else’s home in Ohio? If so, we can assess your legal rights and file a homeowner’s insurance claim on your behalf if warranted. To request a free, no-obligation consultation with an experienced Columbus personal injury lawyer at Malek & Malek Law Firm, please call 888-444-7440 or tell us how we can reach you online today.