A variety of injuries are covered by homeowners’ and business liability insurance. For instance, dog bites, slip and fall accidents, and or most any kind of general negligence is likely to be covered under a homeowner’s insurance policy. If negligent acts causing injury take place at a business, liability is likely to be covered under a business liability policy.
A typical homeowners’ insurance policy contains two parts. One part contains coverage for property damage to the home, garage and other buildings on the property. This also covers the homeowner’s personal belongings. The second part of the policy contains liability coverage. Liability coverage insures a homeowner when they, members of their family or pets are responsible for injuries suffered by another person. The injury does not have to take place on the homeowner’s property. For instance, many dog bites occur away from the home.
Liability coverage also covers medical expenses, as well as the costs of defending a suit. Most policies contain $100,000.00 in coverage, although homeowners with certain types of dogs, a swimming pool, or other potential sources of liability should probably obtain additional coverage.
Most any kind of negligence is covered under a homeowners’ insurance policy. However, intentional torts, such as an assault, are generally not covered under a homeowners’ insurance policy. However, if someone is the victim of a physical attack on the premises of a business due to negligent security, they may be able to file a claim against the business liability policy of the business.
Slip and Fall Claims and “Unnatural Accumulation”
While people often fall on snow or ice and suffer injuries, it can be quite difficult to successfully sue a homeowner under Illinois law. Under what is known as the Snow and Ice Removal Act, at 745 ILCS 75/2, a homeowner cannot be found liable for “damages due to his or her efforts in the removal of snow or ice from such sidewalks.” Under Illinois law, a homeowner or business owner is only liable for injuries caused by an “unnatural accumulation” of snow and ice.
Under the unnatural accumulation rule, a person seeking to prove liability must show that a defect in the condition of the property was the source of the accumulated ice or snow. Examples of conditions include blocked drains or poor grading of the area around the building. Additionally, a property owner may be liable if they create an unnatural accumulation of snow or ice in their attempts to remove snow or ice. For instance, if a store owner, in the course of removing snow, piles the snow in the store parking lot, the pile of snow becomes an unnatural accumulation. Therefore, if the pile of snow later melts and forms ice, the business owner can become liable for any injuries that result.
Conclusion
It is common for victims of negligence to be reluctant to file a claim for injuries sustained at the home of a friend or relative. This reluctance is generally unfounded, as the homeowner’s policy is in place to compensate people for injuries suffered on the property, and most property owners will not harbor any ill will towards someone who files a legitimate claim against their policy. Photographic evidence in premises liability cases is very valuable. Pictures taken immediately following an accident can give an experienced personal injury attorney all the information they need to determine if someone has a viable case.
This information is presented by Salvi & Maher, LLC.