What is Premises Liability?
Premises liability, also known as a property accident, refers to a property owner’s potential legal responsibility for any injuries sustained as a result of unsafe conditions on their property.
Who is Responsible for an Accident on my Property?
Accidents can happen anywhere, in public, at work and even in our homes. This is especially true when there are potentially hazardous conditions involved, like during construction or in work zones. What happens and who is responsible in the event of a mishap while a contractor or others are working in your home? Here are some quick but important facts to know about ‘premise liability’ so you know what to consider in the event of an accident.
What proof is necessary?
The elements can vary based on where the accident took place, but these are generally the four main points the injured party must prove for a premise liability case:
- The defendant owned, occupied or leased the property on which the accident happened.
- The defendant was negligent in the use of their property.
- The injured party (plaintiff) was harmed.
- The party responsible for the negligence (the defendant) was a significant factor in causing the harm.
Personal Liability Insurance & Worker’s Compensation
In certain cases, personal liability coverage within your homeowner’s policy provides protection for you and your family by covering for bodily injury and property damage sustained by others for which you or covered residents of your household are legally responsible.
In other cases, the contractor’s injuries may be covered by the contractor’s own insurance. Worker’s Compensation is a form of insurance providing wage replacement and medical benefits to employees that have been injured on the job, in exchange of the employee’s right to sue their employer for negligence.
It is important to note that there is never a guarantee of either party’s insurance covering the accident at hand. Be sure you understand your homeowner’s insurance policy and the insurance policy of the contractor or company you have chosen to work with to avoid any mishaps down the road.
I Need More Help!
To learn more about premises liability and what to do as a homeowner during a mishap, contact Kennedy Law Offices. Our knowledgeable attorneys have years of experience in liability claims and can help you navigate the ins and outs of complex liability laws.