Accidents that occur on other people’s property are common causes of personal injury claims in South Carolina. From wet floors and uneven surfaces to icy walkways, these accidents can result in painful injuries with long-lasting consequences for the injured party.
In this blog post, the Charleston Personal Injury Lawyers at Joye Law Firm examine the nexus between personal injury claims in South Carolina and homeowner’s insurance, as well as coverage for accidents that occur on someone else’s property.
If you or a loved one was injured on someone else’s property in Charleston, an experienced personal injury lawyer from Joye Law Firm can assist you with recovering the compensation you need to recover both physically and financially.
When is a Homeowner Liable for an Injury On Their Property?
When injured on someone else’s property, it is important to understand that homeowners are not automatically financially responsible for all accidents that occur on their property. In South Carolina, homeowner’s can be held responsible only if their negligence led to the accident.
Negligence refers to the failure to exercise proper care for the safety and wellbeing of others. Homeowners in South Carolina can be held liable for injuries that result from accidents caused by defects or hazards on their properties. These hazards can include things like:
- Unsafe staircases
- Slippery floors
- Exposed cords
- Uneven Rugs
- Tree stumps
- Unshoveled driveways
- Cracked sidewalks
- Dog bites; and
- Assault and battery and other intentional acts resulting from negligent security
If the property owner knew about or reasonably should have known about a hazard on their property, and failed to take measures to prevent a foreseeable accident or incident, they can be held liable for injuries suffered by visitors. This is referred to as premises liability.
Does Homeowner’s Insurance Cover Premises Liability?
When a homeowner is found liable for a visitor’s injuries, the personal injury claim typically goes through their homeowner’s insurance company. Typical homeowner’s insurance in South Carolina provides a minimum of $100,000 in liability insurance. This coverage pays for accidents and injuries that occur on the homeowner’s property.
If the homeowner’s negligence is proven to be the cause of the accident, their homeowner’s insurance will typically cover the victim’s medical expenses, legal fees, and other losses related to the incident, up to the policy’s maximum limit. Homeowner’s insurance may also cover the homeowner’s legal fees during a personal injury lawsuit. If the lawsuit results in a settlement or judgment award for the victim, the homeowners insurance will also cover the payout.
What if There is No Homeowner’s Insurance Available?
If an injury occurs on rental property, the victim may be able to file a claim with the tenant’s renter’s insurance policy instead of homeowners insurance. Alternatively, if the accident occurred in a common area, or resulted from a defect inherent to the premises, the victim may pursue a lawsuit directly against the landlord or owner of the rental property rather than an individual tenant.
What to Expect During a Homeowner’s Insurance Claim
If you sustain an injury while visiting someone else’s home, it is essential to ask for their homeowner’s insurance information. Don’t be discouraged if the homeowner denies fault for your injury.
Take photographs of the hazard that caused you to be injured, and seek immediate medical attention. Once a claim is initiated, the homeowner’s insurance company will dispatch a claims adjuster to investigate the accident.
Most homeowner’s insurance claims are resolved outside of court, eliminating the need for a trial. However, it is crucial to consult with a qualified attorney to ensure you don’t settle for an inadequate amount that fails to compensate for your injuries.
For a free consultation about filing a homeowner’s insurance claim, reach out to Joye Law Firm and speak with an experienced personal injury lawyer in Charleston, South Carolina.
Get Help From a Charleston Personal Injury Lawyer at Joye Law Firm
Understanding what insurance is available to cover liability for an injury on someone else’s property is crucial for both the victim and the property owner. When the injury is the result of a homeowner’s negligence, their homeowner’s insurance can provide coverage for the victim’s injuries.
With the assistance of a skilled personal injury lawyer, Charleston accident victims can gather all the evidence needed to support their premises liability claim, more easily assess the availability of homeowner’s insurance to cover their damages, get the appropriate medical attention, and initiate a claim with the homeowner’s insurance company in a timely manner.
If you or a loved one was injured while visiting someone else’s home in Charleston, contact an experienced personal injury lawyer at Joye Law Firm for a free case evaluation and to ensure you receive fair compensation for your injuries and losses. We love helping accident victims protect their rights and get the compensation they deserve.
