Even though homeowners are not responsible for every slip and fall incident that takes place on their property, homeowners are liable for an individual's injury if it was due to their negligence. For instance, if your guest slips and falls on your property because they lost their balance, you are not responsible for it. If they slip and fall because of a half unfinished staircase, you will be responsible for the incident.
For this reason, it is important to understand the type of slip and fall incidents homeowners insurance covers. Knowing this information is important for both parties - the injured party and liable party. If the liable party's homeowners insurance covers slip and fall accidents, the injured party will file a case against the insurance company to receive fair compensation for their medical expenses and loss of income.
The injured party will need to hire an experienced personal injury attorney in Kentucky to help them prepare a solid case against the insurance company and negotiate a fair compensation.
4 Types of Slip and Fall Cases Covered Under Homeowners Insurance
Here are four types of slip and fall cases covered under homeowners insurance:
1. Slip or Trip on the Staircase
Slip or trip accidents that occur on the staircase are due to negligence of the homeowner. However, most slip or trip accidents that happen on the staircase are simply unavoidable. For instance, a person wearing a long dress and heels might get their shoes caught in the hem of the dress, causing them to fall down the stairs. In this instance, the homeowner is not at fault for the slip and fall accident.
A homeowner is at fault for the slip and fall accident if the stairs are unsafe in ways people do not notice when walking up or down. This is covered under homeowners insurance and may require a personal injury attorney to prepare a case against the insurance to reach a settlement. Here are a few factors that cause the stairs to become unsafe:
· The steps are too low
· Risers, the height of each step, either vary or are the wrong height
· Poorly placed rugs or carpets on the stairs
· Lack of handrails or poorly build handrails
· Foreign objects on the stairs
2. Slipping or Tripping on Carpets, Rugs, or Floor
Carpets, rugs, and floor, all can cause slip and fall accidents. If the area rugs do not have a grip pad underneath them, it can result in a slipping hazard. Even carpets with holes in them can cause the person to slop and fall. Carpets frayed at the edges can also cause a slip and fall injury. Slippery floors, especially wet or freshly waxed floors can cause slip and fall accidents.
Since homeowners insurance covers such slip and fall accidents, you will need to engage the services of a qualified and seasoned personal injury attorney to negotiate with the insurance company on your behalf if you are the injured party in the scenario.
3. Slipping on Snow or Ice
Slipping on snow or ice on a person's property can result in several injuries, both minor and major. You will require a personal injury attorney with experience fighting slip and fall cases due to tripping or slipping on snow or ice, as winning against the insurance company is difficult.
Your personal injury attorney can tell you if the homeowner was liable for the slip and fall incident. If they were, the next step would be to sue their insurance company if they have homeowners insurance. As per the law in most of the states in the country, homeowners are responsible for removing snow and ice from their sidewalk or path.
However, most juries, in states where it snows a lot, share the common belief that homeowners are not at fault for the slip and fall accidents. Their belief stems from the fact that most people know that snow and ice are a hazard and they should practice caution. With the settlements value low for such slip and fall accidents, it is important for you to engage the services of a personal injury attorney well-versed in fighting slip and fall incidents.
Tripping and Falling on a Broken Sidewalk or Path
Homeowners need to maintain their paths and internal walkways to minimize the risk of a trip and fall injury. Even though repairing and maintaining the sidewalk or path comes under the responsibility of the municipality, homeowners should be proactive in informing them of a sidewalk or path that requires repairs.
Tripping over a broken sidewalk or path can result in a negligence claim depending on the extent of damage. Anyone who suffers from a slip and fall injury due to a broken sidewalk or path can file a lawsuit against the homeowner's insurance company to obtain fair compensation. It would benefit people involved in a slip and fall case to file a claim with the help from a knowledgeable personal injury attorney in Kentucky.
What Should You Do If You Slip and Fall on a Homeowner's Property?
You need to take pictures of the scene where the slip and fall accident occurred, clothes, and any injuries you sustained. If you are unable to take pictures, contact someone who can immediately. You should also call the ambulance if your injuries are severe.
For instance, you slipped on snow or ice. Since snow and ice can melt within a few minutes, you need to take pictures of it as soon as you can before it has chance to melt. If you do not have any evidence, it will weaken your slip and fall case.
If you sustained a slip and fall injury, you can contact a personal injury attorney. Call Christopher Jackson Law by calling us at 859-261-1111 to schedule a free consultation with a qualified personal injury attorney in Kentucky.