Are Slip and Fall Injuries Covered by Homeowners Insurance in NYC?

Posted in Premises Liability on May 23, 2022

A slip and fall accident can cause severe injuries. The property owner could be liable for your damages. If the fall occurred on residential property, the homeowners’ insurance policy might cover the accident. Contact an experienced New York City slip and fall attorney near you to help you get back on your feet.

What Do Homeowners Insurance Policies Cover in NYC?

Homeowners’ insurance policies cover a variety of damages that could occur. For example, most insurance policies cover property damage from fire or wind. In addition, coverage could include damage from floods or rain.

In addition to paying for property damage claims, a homeowners insurance policy also includes “Med Pay,” or medical payment coverage. The policy covers medical bills from an accident occurring on the property.

For example, suppose you slip and fall while at your neighbor’s home. Their homeowners’ insurance company pays for your medical treatment. However, the payments are limited by the policy terms and conditions.

Many insurance policies have exclusions and restrictions. The Med Pay benefits are also subject to the policy limits.

Proving Liability for a Slip and Fall Accident on Residential Property

The homeowner’s insurance company might fight the insurance claim. If so, you have the burden of proving a premises liability claim. The elements of premises liability are:

The homeowner owed you a duty of care
The homeowner breached the duty of care by failing to provide safe premises or failing to warn you of a dangerous condition
The breach of duty was the direct and proximate cause of your injury
You sustained damages because of the breach of duty

If you are legally on a person’s property, that person has a duty of care to take reasonable steps to avoid causing you harm or injury. Breaching the duty of care results in liability for damages.

The homeowner is only liable for foreseeable risks. The person only needs to use the care that a reasonable person would use in a similar situation. Generally, proving a breach of duty would require evidence proving:

The homeowner knew about a hazard on the property; OR,
The homeowner should have reasonably known about the hazard; AND,
The homeowner failed to take reasonable measures to correct the danger or warn you about the danger.

When you prove the elements of a premises liability claim, you can recover damages for your injuries. Your lawyer reviews the homeowners’ insurance policy to determine whether it covers your slip and fall accident and the policy limits for payment of damages.

What Damages Can I Receive If I Slip and Fall at Another Person’s Home?

If you prove your case, you could recover compensation for your economic and non-economic damages for slip and fall injuries. Examples of the damages received for a slip and fall accident include:

Past and future medical bills, including long-term nursing care
Disabilities, permanent impairments, and disfigurement
Past and future lost wages and diminished earning potential
Physical pain and suffering
Mental anguish and emotional suffering
Decreased quality of life
Out-of-pocket expenses
Loss of enjoyment of life

Your lawyer also reviews the case for punitive damages. These damages are rarely awarded but could be justified if the homeowner intentionally caused your injury or was grossly negligent.

Common Causes of Slip and Fall Accidents at Homes in New York City

Numerous conditions could cause someone to slip and fall while on residential property. Common causes of residential slip and fall accidents include, but are not limited to:

Broken steps or stairs
Missing or broken handrails
Inadequate lighting
Slippery or wet floors
Torn or damaged flooring
Cracked and uneven sidewalks, driveways, and pathways
Swimming pool accidents
Objects on steps or in walkways
Exposed wiring or cables causing a tripping hazard

The New York statute of limitations for most slip and fall accidents is three years from the injury date. However, there could be exceptions to this rule. Therefore, contacting a slip and fall accident lawyer as soon as possible protects your right to compensation for your damages.

Contributory Fault and New York Slip and Fall Accidents

New York contributory negligence laws state that damages for a personal injury claim shall be decreased by the injured party’s percentage of fault. Therefore, if you contribute to the cause of your injury, the money you receive is decreased by the percentage of fault you have for causing your injury. Comparative fault allegations can significantly decrease your money for an injury claim.

If you are injured on another person’s property, notify the property owner immediately. Seek medical attention for your injuries. If the homeowner does not notify their insurance company, ask for the information so that you can file an insurance claim.

It is best to have an attorney present when you speak to insurance adjusters and claims investigators. You do not want to say something that could be used to argue contributory negligence.

Contact Our Slip and Fall Accident Law Firm in New York, NY

If you need legal assistance, contact the New York City slip and fall accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600